NORTH CAROLINA REGISTER BoilerPlate

NORTH CAROLINA

REGISTER

VOLUME 28 ● ISSUE 11 ● Pages 1169 - 1288

December 2, 2013

I.

EXECUTIVE ORDERS

Executive Order #28 ....................................................................................... 1169 – 1170

II. PROPOSED RULES

Cultural Resources, Department of

Historical Commission .................................................................................... 1171 – 1178

Justice, Department of

Private Protective Services Board ................................................................... 1178 – 1181

Occupational Licensing Boards and Commissions

Irrigation Contractors' Licensing Board .......................................................... 1181 – 1183

III. APPROVED RULES ........................................................................................ 1184 – 1207

Commerce, Department of

Banks, Office of the Commissioner of Banks

Environment and Natural Resources, Department of

Wildlife Resources Commission

Justice, Department of

Sheriffs' Education and Training Standards Commission

Occupational Licensing Boards and Commissions

Dental Examiners, Board of

Funeral Services, Board of

Hearing Aid Dealers and Fitters Board

Medical Board

Nursing, Board of

IV. RULES REVIEW COMMISSION ................................................................. 1208 – 1218

V. CONTESTED CASE DECISIONS

Index to ALJ Decisions ...................................................................................... 1219 – 1230

Text of ALJ

11 OSP 03245 ................................................................................................. 1231 – 1252

12 DHR 01998 ................................................................................................ 1253 – 1261

12 DHR 12088 ................................................................................................ 1262 – 1268

12 DHR 12405 ................................................................................................ 1269 – 1277

12 OSP 10209 ................................................................................................. 1278 – 1288

This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13

Contact List for Rulemaking Questions or Concerns

For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive.

Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.

Office of Administrative Hearings

Rules Division

1711 New Hope Church Road

Raleigh, North Carolina 27609 contact: Molly Masich, Codifier of Rules

Dana Vojtko, Publications Coordinator

Julie Brincefield, Editorial Assistant

Tammara Chalmers, Editorial Assistant

Rule Review and Legal Issues

Rules Review Commission

1711 New Hope Church Road

Raleigh, North Carolina 27609

(919) 431-3000

(919) 431-3104 FAX molly.masich@oah.nc.gov dana.vojtko@oah.nc.gov

(919) 431-3071

(919) 431-3075 julie.brincefield@oah.nc.gov (919) 431-3073 tammara.chalmers@oah.nc.gov (919) 431-3083

(919) 431-3000

(919) 431-3104 FAX contact: Joe DeLuca Jr., Commission Counsel

Amanda Reeder, Commission Counsel joe.deluca@oah.nc.gov amanda.reeder@oah.nc.gov

Abigail Hammond, Commission Counsel abigail.hammond@oah.nc.gov

Fiscal Notes & Economic Analysis and Governor's Review

Office of State Budget and Management

116 West Jones Street (919) 807-4700

(919) 431-3081

(919) 431-3079

(919) 431 3076

Raleigh, North Carolina 27603-8005

Contact: Anca Grozav, Economic Analyst

NC Association of County Commissioners

215 North Dawson Street

Raleigh, North Carolina 27603 contact: Amy Bason

NC League of Municipalities

215 North Dawson Street

Raleigh, North Carolina 27603 contact: Erin L. Wynia

(919) 733-0640 FAX osbmruleanalysis@osbm.nc.gov (919) 807-4740

(919) 715-2893 amy.bason@ncacc.org

(919) 715-4000 ewynia@nclm.org

Legislative Process Concerning Rule-making

Joint Legislative Administrative Procedure Oversight Committee

545 Legislative Office Building

300 North Salisbury Street (919) 733-2578

Raleigh, North Carolina 27611 (919) 715-5460 FAX contact: Karen Cochrane-Brown, Staff Attorney Karen.cochrane-brown@ncleg.net

Jeff Hudson, Staff Attorney Jeffrey.hudson@ncleg.net


NORTH CAROLINA REGISTER

Publication Schedule for January 2013 – December 2013

FILING DEADLINES NOTICE OF TEXT PERMANENT RULE

TEMPORARY

RULES

Volume & issue number

Issue date

Last day for filing

Earliest date for public hearing

End of required comment period

Deadline to submit to RRC for review at next meeting

28:07

28:08

28:09

28:10

28:11

28:12

28:01

28:02

28:03

28:04

28:05

28:06

27:19

27:20

27:21

27:22

27:23

27:24

27:13

27:14

27:15

27:16

27:17

27:18

07/01/13

07/15/13

08/01/13

08/15/13

09/03/13

09/16/13

10/01/13

10/15/13

11/01/13

11/15/13

12/02/13

12/16/13

01/02/13

01/15/13

02/01/13

02/15/13

03/01/13

03/15/13

04/01/13

04/15/13

05/01/13

05/15/13

06/03/13

06/17/13

07/16/13

07/30/13

08/16/13

08/30/13

09/18/13

10/01/13

10/16/13

10/30/13

11/16/13

11/30/13

12/17/13

12/31/13

01/17/13

01/30/13

02/16/13

03/02/13

03/16/13

03/30/13

04/16/13

04/30/13

05/16/13

05/30/13

06/18/13

07/02/13

06/10/13

06/21/13

07/11/13

07/25/13

08/12/13

08/23/13

09/10/13

09/24/13

10/11/13

10/24/13

11/06/13

11/21/13

12/06/12

12/19/12

01/10/13

01/25/13

02/08/13

02/22/13

03/08/13

03/22/13

04/10/13

04/24/13

05/10/13

05/24/13

08/30/13

09/13/13

09/30/13

10/14/13

11/04/13

11/15/13

12/02/13

12/16/13

12/31/13

01/14/14

01/31/14

02/14/14

03/04/13

03/18/13

04/02/13

04/16/13

04/30/13

05/14/13

05/31/13

06/14/13

07/01/13

07/15/13

08/02/13

08/16/13

09/20/13

09/20/13

10/21/13

10/21/13

11/20/13

11/20/13

12/20/13

12/20/13

01/21/14

01/21/14

02/20/14

02/20/14

03/20/13

03/20/13

04/22/13

04/22/13

05/20/13

05/20/13

06/20/13

06/20/13

07/22/13

07/22/13

08/20/13

08/20/13

Earliest Eff.

Date of

Permanent Rule

Delayed Eff. Date of

Permanent Rule

31st legislative day of the session beginning:

270 th day from publication in the Register

11/01/13

11/01/13

12/01/13

12/01/13

01/01/14

01/01/14

02/01/14

02/01/14

03/01/14

03/01/14

04/01/14

04/01/14

05/01/13

05/01/13

06/01/13

06/01/13

07/01/13

07/01/13

08/01/13

08/01/13

09/01/13

09/01/13

10/01/13

10/01/13

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

05/2014

03/28/14

04/11/14

04/28/14

05/12/14

05/31/14

06/13/14

06/28/14

07/12/14

07/29/14

08/12/14

08/29/14

09/12/14

09/29/13

10/12/13

10/29/13

11/12/13

11/26/13

12/10/13

12/27/13

01/10/14

01/26/14

02/09/14

02/28/14

03/14/14


EXPLANATION OF THE PUBLICATION SCHEDULE

This Publication Schedule is prepared by the Office of Administrative Hearings as a public service and the computation of time periods are not to be deemed binding or controlling.

Time is computed according to 26 NCAC 2C .0302 and the Rules of Civil Procedure, Rule 6.

GENERAL

The North Carolina Register shall be published twice a month and contains the following information submitted for publication by a state agency:

(1) temporary rules;

(2) notices of rule-making proceedings;

(3) text of proposed rules;

(4)

(5) text of permanent rules approved by the Rules

Review Commission; notices of receipt of a petition for municipal incorporation, as required by G.S. 120-165;

(6) Executive Orders of the Governor;

(7) final decision letters from the U.S. Attorney

General concerning changes in laws affecting voting in a jurisdiction subject of Section 5 of

FILING DEADLINES

ISSUE DATE : The Register is published on the first and fifteen of each month if the first or fifteenth of the month is not a Saturday, Sunday, or State holiday for employees mandated by the State Personnel

Commission. If the first or fifteenth of any month is a Saturday, Sunday, or a holiday for State employees, the North Carolina Register issue for that day will be published on the day of that month after the first or fifteenth that is not a Saturday, Sunday, or holiday for

State employees.

LAST DAY FOR FILING employees.

: The last day for filing for any issue is 15 days before the issue date excluding

Saturdays, Sundays, and holidays for State the Voting Rights Act of 1965, as required by

G.S. 120-30.9H;

(8) orders of the Tax Review Board issued under

G.S. 105-241.2; and

(9) other information the Codifier of Rules determines to be helpful to the public.

COMPUTING TIME : In computing time in the

NOTICE OF TEXT

EARLIEST DATE FOR PUBLIC HEARING : The hearing date shall be at least 15 days after the date a notice of the hearing is published.

END OF REQUIRED COMMENT PERIOD

An agency shall accept comments on the text of a proposed rule for at least 60 days after the text is published or until the date of any public hearings held on the proposed rule, whichever is longer.

DEADLINE TO SUBMIT TO THE RULES REVIEW

COMMISSION: The Commission shall review a rule submitted to it on or before the twentieth of a month by the last day of the next month.

FIRST LEGISLATIVE DAY OF THE NEXT REGULAR

SESSION OF THE GENERAL ASSEMBLY : This date is the first legislative day of the next regular session of the General Assembly following approval of the rule by the Rules Review Commission. See G.S. 150B-

21.3, Effective date of rules. schedule, the day of publication of the North Carolina

Register is not included. The last day of the period so computed is included, unless it is a Saturday, Sunday, or State holiday, in which event the period runs until the preceding day which is not a Saturday, Sunday, or

State holiday.


EXECUTIVE ORDERS

28:11 NORTH CAROLINA REGISTER DECEMBER 2, 2013

1169

EXECUTIVE ORDERS


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PROPOSED RULES

Note from the Codifier: The notices published in this Section of the NC Register include the text of proposed rules. The agency must accept comments on the proposed rule(s) for at least 60 days from the publication date, or until the public hearing, or a later date if specified in the notice by the agency. If the agency adopts a rule that differs substantially from a prior published notice, the agency must publish the text of the proposed different rule and accept comment on the proposed different rule for 60 days.

Statutory reference: G.S. 150B-21.2.

TITLE 07 – DEPARTMENT OF CULTURAL RESOURCES

Notice is hereby given in accordance with G.S. 150B-21.2 that

NC Historical Commission intends to adopt the rule cited as 07

NCAC 04M .0107; amend the rules cited as 07 NCAC 04M

.0104-.0106, .0202-.0204, .0301, .0401-.0403, .0501-.0503,

.0507-.0512; and repeal the rules cited as 07 NCAC 04M .0101-

.0103, .0205, .0302-.0304, .0505; 04V .0101-.0105, and .0201-

.0202.

Agency obtained G.S. 150B-19.1 certification:

OSBM certified on: October 22, 2013

RRC certified on:

Not Required

Link to agency website pursuant to G.S. 150B-19.1(c): http://www.ncdcr.gov/

Proposed Effective Date: April 1, 2014

Public Hearing :

Date: December 17, 2013

Time: 9:00 a.m.

Location: Archives & Library Building, 109 East Jones Street,

Raleigh, NC 27601

Reason for Proposed Action: 07 NCAC Subchapter 04M applies to the Division of Archives and Records (Division) in the

Department of Cultural Resources (DCR), previously identified as the Archives and Records Section. The entire subchapter was examined for moderate edits, including those reflecting the change in organizational structure within DCR that elevated the

Archives and Records program to a division. Additional minor edits were suggested by agency legal counsel, including the use of the word "shall" in place of "will." Edits to portions of the subchapter governing rules for access to and use of public research facilities were undertaken in order to ensure that all facilities of the Division followed the same rules. Portions of the subchapter governing the rules for the State Records Center were updated to include more specific language on records destruction and electronic public records.

07 NCAC Subchapter 04V applies to one facility managed by the

Division. Rule .0202 concerning rules for use of the gallery were moved to Subchapter 04M, Rule .0107. The rest of the subchapter has been deleted as all rules in it are subsumed in the proposed edits to Subchapter 04M.

Comments may be submitted to: Sarah Koonts, Director,

Division of Archives and Records, 4614 Mail Service Center,

Raleigh, NC 27699-4614

If the comment is an objection, the objection must identify the specific reason for the objection including the negative impact(s) the amended rule change could have to stakeholders.

Comment period ends: January 31, 2014

Procedure for Subjecting a Proposed Rule to Legislative

Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the

Rules Review Commission after the adoption of the Rule. If the

Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S.

150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in

G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the

Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.

Fiscal impact (check all that apply).

State funds affected

Environmental permitting of DOT affected

Analysis submitted to Board of Transportation

Local funds affected

Substantial economic impact (≥$1,000,000)

No fiscal note required by G.S. 150B-21.4

CHAPTER 04 – OFFICE OF ARCHIVES AND HISTORY

SUBCHAPTER 04M DIVISION OF ARCHIVE AND

RECORDS

SECTION .0100 - STATE ARCHIVES OF NORTH

CAROLINA: USE AND SERVICES

07 NCAC 04M .0101 STATEMENT OF PURPOSE OF

ARCHIVES AND RECORDS SECTION

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0102 ARCHIVES SEARCH ROOM

HOURS

Authority G S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0103 ARCHIVES REFERENCE


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SERVICES

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0104 ARCHIVES STACKS

. The stacks storing archival collections are not public spaces.

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0105 PUBLIC RESEARCH

FACILITIES REGULATIONS

Regulations governing researchers' use of the Division of

Archives and Records public research facilities are as follows:

(1) Brief cases, attache cases, bags, coats, or other bulky clothing, notebooks, envelopes, pad folders, privately owned books, maps, and old manuscripts may not be taken into the research rooms. Lockers and coat racks are provided outside the research rooms for such items.

(2)

(3)

Access to the archival collections shall only be by presentation of current photo identification, providing accurate name and address.

Researchers shall request archival records by filling in completely the call slips or records request form provided by each facility.

Information required to request records includes researcher's name, date, and citation

(5)

(6)

(7) or records to be requested.(4) Research facilities in Raleigh issue patrons identification cards to be used when requesting archival records. To receive records in Raleigh, the identification card shall be surrendered to a member of the research room staff. Upon leaving the research room in Raleigh, the researcher shall surrender his or her identification card to a member of the research room staff.

A researcher may request more than one box or volume of records. However, a researcher may access only one box of loose records or up to three volumes of records at any one time.

When use of the box or volumes is completed, the researcher shall return the records prior to obtaining another box or other volumes of records.

Staff shall examine any materials the researcher brings into or removes from the research room.

Researchers shall exercise care in handling records, manuscripts, books, or other materials. In particular, patrons shall observe the following:

(a) Manuscripts may not be marked or otherwise altered or defaced.

(b) Pens, highlighters, and other writing instruments that create permanent marks shall not be permitted in research rooms.

(c)

(d)

(e)

(f)

(g)

(h)

(i)

No items shall be used as "pointers" when reading original records.

Tape and other office supplies, such as correction fluid and gum erasers, shall not be permitted in the research room; pencils shall be used with great care. care to ensure no marks or other damages are made to the materials.

Books or other materials shall not be returned to research room shelves; these shall be replaced by a staff member.

All manuscripts, volumes and reference books from the research room shelves shall be placed on the tables or reading stands provided in the research room; they shall not be held in the lap or propped against the edge of a table.

Only one box and one folder of loose papers from that box shall be opened at one time in order to avoid mixing of records or folders.

Papers shall not be rearranged under any circumstances. If a researcher thinks something is out of order, he or she shall notify a staff member.

Records from the stacks and reference materials from the research room

(8)

(9) shall not be permitted in the microfilm reading room.

Smoking, eating, or drinking shall not be permitted in the research room. A researcher wishing to temporarily leave the research room must turn in all pulled archival records and verify his registration when reentering.

Orders for copies placed in person by a researcher shall not exceed 50 copies per researcher per day. Such orders shall be paid at the time the copies are made and may not be billed.

(10) Equipment deemed by the Archives

Conservator to be damaging to archival records may not be used in the research rooms.

The Archives Conservator shall make this determination based upon harm caused by excessive light exposure, tearing, or otherwise defacing the document. This shall include the use of equipment that sits on top of or pulls an original item through it to capture the image or provides light levels that damage the document.

Authority G.S. 121-4(3); 121-5(d); 132-6.2; 143B-62(2)a.

07 NCAC 04M .0106 DUPLICATION SERVICES

The following duplication services are available for archival records in the custody of the Division of Archives and Records:


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(1)

(2)

(3)

(4)

(5) photocopies of loose documents; imaging of paper and photographic materials; paper prints from microfilm; negative, first-generation or "original" microfilm of records and manuscripts in the custody of the Division, except those under restriction; restriction by law or donation agreement; duplicate microfilm of entire rolls of microfilm in the collections of the Division;

(6) certified photocopies of public records of state agencies, counties, municipalities or other political subdivisions of North Carolina; and

(7) exemplifications prepared for introduction as evidence in a court of law.

Authority G.S. 121-4(3); 121-5(d); 132-6.2; 143B-62(2)a.

07 NCAC 04M .0107 OUTER BANKS HISTORY

CENTER GALLERY REGULATIONS

(a) Eating, drinking, and smoking are not permitted in the

Gallery.

(b) Visitors may not touch artifacts, art works, or graphics.

(c) Children under 12 years of age must be accompanied by an adult over age 18.

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

SECTION .0200 - LISTING OF PROFESSIONAL

RESEARCHERS

07 NCAC 04M .0202 PROCEDURE FOR LISTING

(a) A person wishing to have his name listed as professional researcher shall make application in writing to: Director,

Division of Archives and Records, 4614 Mail Service Center,

Raleigh, North Carolina 27699-4614.

(b) The application shall include a brief resume of the applicant's experience which will demonstrate his qualifications and aid in establishing his credentials. No special form is required for the application.

(c) The application must be accompanied by three letters of recommendation from persons who have engaged the applicant in the capacity of a paid researcher.

(d) Letters of recommendation shall be from persons who are:

(1)

(2) unrelated to the applicant or the applicant's spouse; and unacquainted with the applicant except as a researcher.

(e) The recommendations shall:

(1) outline the nature and extent of the research

(2) which the applicant undertook for pay; and attest the satisfaction of the reference with the services rendered.

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0203 APPROVAL OF REQUESTS

The Director, Division of Archives and Records, shall review applications submitted for inclusion in the list of professional researchers. If determined that the applicant satisfies the procedures for listing, listing that satisfies the procedures for listing as set forth in Rule .0202 of this Section, then the name of the researcher shall be placed on the list of available researchers as published by the State Archives of North Carolina.

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0204 REMOVAL OF NAMES FROM

THE LIST

(a) The Director of the Division of Archives and Records may for good cause remove any person from the list of professional researchers.

(b) The term "good cause" as used in this Rule shall mean:

(1) misrepresentation of credentials or services to be provided; or

(2) consistent complaints on the part of patrons about the work of the researcher.

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0205 DEFINITION OF GOOD CAUSE

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

SECTION .0300 - ACCESSIONING PROCEDURES OF

OTHER THAN PUBLIC RECORDS

07 NCAC 04M .0301 ACCEPTANCE OF NON-

GOVERNMENT PAPERS

(a) Original materials of historical and cultural significance may be accepted for custody in the State Archives of North

Carolina as a gift, subject to the approval of the Director of the

Division of Archives and Records, or a designated representative. Prior to acceptance, the Division shall provide a contract of gift for the donor(s) to execute. The contract of gift shall be maintained in the Division's permanent files.

(b) Materials that may be accepted include:

(1) private manuscripts;

(2)

(3)

(4) audio visual materials; records of private, professional, or civic organizations; copies of pre-1913 family Bible pages listing

(5) genealogical data; and student and academic and financial aid records from defunct post-secondary schools and colleges having a campus in North Carolina.

Authority G.S. 121-4(1); 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0302 VALUATION

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0303 ORGANIZATIONAL RECORDS

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.


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07 NCAC 04M .0304 BIBLE RECORDS

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

SECTION .0400 - DEACCESSIONING OF RECORDS

07 NCAC 04M .0401 REVIEW

(a) The Director, Division of Archives and Records shall determine any accessioned records in the State Archives of

North Carolina when records are:

(1)

(2) duplicates; not in keeping with the collection policies of the Division; or

(3) no longer have permanent historical value.

(b) Each record series of the subject records shall be inventoried in detail. The inventory shall be forwarded to the Director of the

Office of Archives and History.

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04M .0402 PREPARATION OF LISTS

If the Director of the Office of Archives and History concurs with the decision to deaccession the identified records series, the

Director shall ask the staff of the Division or Archives and

Records to prepare a detailed list for each series of records. The detailed list shall include:

(1) series name;

(2) description of the records;

(3)

(4)

(5) inclusive date and volume of records; statement of rationale for decision to deacession the records; and statement of proposed disposition of the records. Disposition methods include:

(a) destruction; or

(b)

(c) transfer to another institution; or return to donor or heirs.

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a,b.

07 NCAC 04M .0403 APPROVAL BY HISTORICAL

COMMISSION

(a) The Director of the Office of Archives and History shall send the list as set forth in Rule .0402, the rationale for the decision to deaccession the records, and the proposed disposal of the records to each member of the North Carolina Historical

Commission at least seven days before the meeting at which the proposal will be considered.

(b) Following approval by the North Carolina Historical

Commission, the complete list of records authorized for deaccessioning will be entered into the minutes, along with the proposed disposal method.

(c) Upon receipt of the minutes of the Commission granting permission for deacessioning, the Director of the Division of

Archives and Records may proceed as directed by the

Commission, retaining complete records of the action within the

Division's files.

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a,b.

SECTION .0500 - STATE RECORDS CENTER

07 NCAC 04M .0501 TRANSFER OF RECORDS TO

STATE RECORDS CENTER

The State Records Center shall accept for transfer to its custody the records of state agencies, county agencies, or municipal agencies, provided the records are scheduled to be transferred to the State Records Center on an approved records retention and disposition schedule. A records retention and disposition schedule is approved when signed by the creating agency and the Department of Cultural Resources.

Authority G.S. 121-4(2); 121-5(d); 132-8.1; 143B-62(2)b.

07 NCAC 04M .0502 LEGAL CUSTODY OF

RECORDS

(a) Public records sent to the State Records Center in accordance with the provisions of an approved records retention and disposition schedule, or in accordance with any other agreement between the Department of Cultural Resources and the originating agency or department, are considered to remain in the legal and official custody of the agency that created or received the records and that transferred them to the State

Records Center. A request for access to, or inspection of, these records by a person other than an authorized employee of the legal custodian shall not be honored until authority in writing has been granted by an appropriate official of the agency having legal custody.

(b) Public records transferred to the Division of Archives and

Records for permanent retention may be accessed through the public research areas of the Division.

Authority G.S. 121-4(2); 121-5(d); 132-6; 143B-62(2)b.

07 NCAC 04M .0503 PROCEDURES FOR TRANSFER

OF RECORDS

(a) An agency or organization shall initiate the transfer of records to the State Records Center. A representative of the agency or organization shall submit to the State Records Center supervisor a records transfer notice including agency name, title of records, reference to schedule, quantity of records, their inclusive dates, and the name and telephone number of the representative submitting the request.

(b) For transfer of paper and other physical media, the following guidelines shall be adhered to by the transferring agency:

(1) Records Center boxes, together with paper

(2)

(3) tape and instructions on packing and labeling, shall be sent to the agency transferring records upon request, and at the expense of the agency.

Only records packed in Records Center boxes shall be accepted for storage in the State

Records Center.

The agency or organization initiating the transfer shall arrange records in the boxes and label boxes in accordance with instructions.


1174


(4)

(5)

Boxes that do not comply with instructions shall be returned to the agency or organization for correction.

Records that cannot be identified clearly and completely by the information on the label of the Records Center box shall be accompanied by a typewritten index or box list prepared by the agency or organization of origin.

Records transferred from within 10 miles of

Capitol Square, Raleigh, shall be shipped by arrangement with the Supervisor, State

Records Center. Records transferred from beyond 10 miles of Capitol Square, Raleigh, shall be shipped by the agency or organization concerned, and at its expense.

(c) For transfer of electronic public records, the following guidelines shall be adhered to by the transferring agency:

(1) Transfers of databases shall be accompanied

(2)

(3) by index information required in G.S. 132-6.1.

Agencies shall scan records and find them to be free of viruses.

Agencies shall generate a hash algorithm for

(4)

(5) each file being transferred. The agency shall include the hash algorithm as part of the transfer.

Agencies shall include any metadata generated at the time of file creation and any subsequent metadata created during the use of the file in the records transfer.

Upon receipt of the transfer of electronic records, the State Records Center shall verify that the electronic records transferred were complete and unaltered prior to accepting them for storage by the Division of Archives and

Records.

Authority G.S. 121-4(2); 121-5(d); 143B-62(2)b.

07 NCAC 04M .0505 RECORDS CENTER

REFERENCE SERVICE

Authority G.S. 121-4(2); 121-5(d); 143B-62(2)b.

07 NCAC 04M .0507 PERSONNEL RECORDS

Any employee or former employee desiring access to personnel records shall make the request through the personnel office of the agency that retains legal custody of the records. Upon receipt of request from the appropriate personnel office, the

State Records Center will forward personnel information to that office.

Authority G.S. 121-4(2); 121-5(d); 143B-62(2)b.

07 NCAC 04M .0508 CERTIFICATION BY AGENCY

WITH CUSTODY

The Department of Cultural Resources shall . certify only copies of records that are in its legal custody. Copies of records that are in the physical custody of the State Records Center must be certified by the agency having legal custody, if such certification is requested. If records of terminated agencies are in the State Records Center and are in the legal custody of the

Department of Cultural Resources, copies may be certified by the Department of Cultural Resources.

Authority G.S. 121-4(2),(3); 121-5(d); 132-4; 143B-62(2)b,c.

07 NCAC 04M .0509 DESTRUCTION OF RECORDS

IN STATE RECORDS CENTER

The provisions of an approved records retention and disposition schedule shall apply to the records that remain in the legal custody of the agency concerned. The records shall not be destroyed until the agency with legal custody concurs in writing.

Authority G.S. 121-4(2); 121-5(b),(c),(d); 132-8.1 143B-62(2)b.

07 NCAC 04M .0510 METHODS OF DESTRUCTION

(a) When used in an approved records retention and disposition schedule, the provision that paper records are to be destroyed means that the records are to be:

(1)

(2) burned, unless prohibited by local ordinance; shredded or torn so as to destroy the record

(3) content of the documents or materials concerned; placed in acid vats so as to reduce the paper to pulp and to terminate the existence of the document or materials concerned; or

(4) sold as waste paper, provided that the purchaser agrees in writing that the documents or materials concerned will not be resold without pulverizing or shredding the documents so that the information contained within cannot be practicably read or reconstructed.(b) When used in an approved records retention and disposition schedule, the provision that electronic records are to be destroyed means that the data and metadata are to be overwritten, deleted, and unlinked so the data and metadata may not be practicably reconstructed.

(c) When used in an approved records retention and disposition schedule, the provision that confidential records of any format are to be destroyed means the data, metadata, and physical media are to be destroyed in such a manner that the information cannot be read or reconstructed under any means.

Authority G.S. 121-4(2); 121-5(b),(c),(d); 132-3; 132-8.1; 132-

8.2; 143B-62(1)g; 143B-62(2)b; 143B-62(2)b.

07 NCAC 04M .0511 DESTRUCTION OF CERTAIN

RECORDS SCHEDULED FOR ARCHIVES

Records scheduled in an approved records retention and disposition schedule to be transferred to the State Archives, but not yet accessioned by the State Archives may be destroyed providing:

(1) The records are considered by the Director of the Division of Archives and History not to

(2) have permanent historical value; or

The records are exact duplicates or copies of other records in the records series transferred or accessioned.


1175


Authority G. S. 121-4(2); 121-5(b),(c),(d); 132-8.1; 132-8.2;

143B-62(1)g; 143B-62(2)b.

07 NCAC 04M .0512 RESTRICTED AREAS IN STATE

RECORDS FACILITIES

Access to the facilities controlled by the State Records Center shall be limited to persons on official business. Visitors shall not be permitted in the records storage areas, or beyond the administrative office without an escort provided by the State

Records Center. All visitors shall sign in when entering and sign out when leaving the facilities. Access by visitors not on official business shall be denied.

Authority G.S. 121-4(2); 132-6; 143B-62(2)b.

CHAPTER 04 - DIVISION OF ARCHIVES AND HISTORY

SUBCHAPTER 04V - OUTER BANKS HISTORY

CENTER

SECTION .0100 - OUTER BANKS HISTORY CENTER:

USE AND SERVICES

07 NCAC 04V .0101 STATEMENT OF PURPOSE

History Note: Authority G.S. 121-4(3); 121-5(d); 143B-

62(2)a.

07 NCAC 04V .0102 OUTER BANKS HISTORY

CENTER SEARCH ROOM HOURS

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.


CENTER REFERENCE AND TECHNICAL SERVICES

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04V .0104 ADMISSION TO OUTER BANKS

HISTORY CENTER STACKS

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.


CENTER SEARCH ROOM REGULATIONS

Authority G.S. 121-4(3); 121-4(14); 121-5(d); 143B-62(2)a.

SECTION .0200 - PUBLIC HISTORY GALLERY USE

07 NCAC 04V .0201

HOURS

PUBLIC HISTORY GALLERY

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

07 NCAC 04V .0202

REGULATIONS

PUBLIC HISTORY GALLERY

Authority G.S. 121-4(3); 121-5(d); 143B-62(2)a.

TITLE 12 – DEPARTMENT OF JUSTICE


Private Protective Services Board intends to amend the rules cited as 12 NCAC 07D .0106, .0501-.0504 and .1302.


OSBM certified on:

RRC certified on: October 17, 2013

Not Required

Link to agency website pursuant to G.S. 150B-19.1(c): www.ncdoj.gov


Public Hearing :

Date: January 3, 2014

Time: 2:00 p.m.

Location: 4901 Glenwood Avenue, Suite 200, Raleigh, NC

27612

Reason for Proposed Action:

12 NCAC 07D .0106 – To conform the Board's rules on providing false information to the intent of the remainder of the rule now that private vendors are allowed to produce criminal history records checks for applicants.

12 NCAC 07D .0501 – Wording clarification.

12 NCAC 07D .0502 – To expand the number of approved schools for licensure.

12 NCAC 07D .0503, .0504 – To reflect the current industry standard which is transitioning from analog testing equipment to digital.

12 NCAC 07D .1302 – To increase the continuing education credit hours for attending a Board meeting.

Comments may be submitted to: Anthony Bonapart, PPSB

Deputy Director, 4901 Glenwood Avenue, Suite 200, Raleigh,

NC 27612








Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions


1176

PROPOSED RULES concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.








CHAPTER 07 – PRIVATE PROTECTIVE SERVICES

SUBCHAPTER 07D – PRIVATE PROTECTIVE

SERVICES BOARD

SECTION .0100 – ORGANIZATION AND GENERAL

PROVISIONS

12 NCAC 07D .0106 PROHIBITED ACTS

(a) In addition to the prohibited acts set forth elsewhere in these s Rules and in Chapter 74C of the General Statutes, any licensee, trainee, registrant, or firearms trainer who does any of the following may have his license, trainee permit, registration, or firearms trainer certificate revoked or suspended:

(1) Displays or causes or allows to be displayed, or has in his possession any cancelled, revoked, suspended, fictitious, fraudulently altered license, trainee permit, registration identification card, or firearms trainer

(2) certificate, or any document simulating, purporting to be, or purporting to have been issued as a license, trainee permit, registration identification card, or firearms trainer certificate;

Lends his license, trainee permit, registration identification card, or firearms trainer certificate to any person or allows the use thereof by another;

(3)

(4)

Displays or represents any license, trainee permit, registration identification card, or firearms trainer certificate not issued to him as being his license, trainee permit, registration identification card, or firearms trainer certificate; or

Includes in any advertisement a statement which implies official state authorized certification or approval other than this statement: "Licensed by the Private Protective

Services Board of the State of North

Carolina." Licensees must include their license number.

(b) In addition to the prohibited acts set forth elsewhere in these

Rules and in Chapter 74C of the General Statutes, it shall be grounds for application denial or license registration suspension or revocation for an applicant, licensee, trainee, registrant or trainer to make any false statement or give any false information to a third party in connection with any criminal history record check provided to the Board.

Authority G.S. 74C-5; 74C-8.1; 74C-12; 74C-16.

SECTION .0500 – POLYGRAPH

12 NCAC 07D .0501 EXPERIENCE REQUIREMENTS

FOR A POLYGRAPH LICENSE

(a) In addition to the requirements of 12 NCAC 07D .0200, applicants for a polygraph license shall:

(1) pass an examination and a performance test administered by a panel of polygraph

(2) examiners designated by the Board; successfully complete a course of instruction at any polygraph school approved by the

(3)

American Polygraph Association, the

American Association of Police Polygraphist or the Board; and have either:

(A)

(B) one year of polygraph experience; or complete at least six months of training as a holder of a polygraph trainee permit, and have administered

(4) no less than 50 polygraph examinations; or establish to the Board's satisfaction a military occupational specialty and two years of verifiable experience within the past five years in the U.S. Armed Forces performing polygraph examinations.

(b) In addition to the requirements of 12 NCAC 07D .0200, an applicant for a polygraph license that is the spouse of an active duty member of the U.S. Armed Forces shall establish to the

Board's satisfaction:

(1) the spouse holds a current license, certification

(2) or registration from another jurisdiction and the other jurisdiction's requirements are substantially equivalent to or exceed the

Board's requirements; and the spouse has two years verifiable experience within the past five years performing polygraph examinations.

(c) Applicants for a polygraph license may take the examination required in Subparagraph (a)(1) of this Rule no more than twice in any calendar year. Any applicant who fails the polygraph examination four times shall retake the polygraph course of instruction required in Paragraph (a)(2) of this Rule before taking the polygraph examination again.

(d) Polygraph operators who are duly licensed in another state may perform up to three examinations in this state without being licensed, provided that those examinations are for the purpose of an evaluation of that examiner and the Director has given authorization for this evaluation in advance.

Authority G.S. 74C-5; 93B-15.1.

12 NCAC 07D .0502 POLYGRAPH TRAINEE

PERMIT REQUIREMENTS

In addition to the requirements of 12 NCAC 07D .0200, the following requirements shall apply to polygraph trainees:


1177


(1)

(2)

(3)

(4)

(5)

The applicant shall successfully complete a formal course of instruction at any polygraph school approved by the American Polygraph

Association Association, the American

Association of Police Polygraphists or the

Board;

The applicant shall be directly supervised by a polygraph examiner approved by the Board and that examiner shall supervise no more than

3 trainees at any given time;

An individual currently enrolled in a polygraph school may conduct examinations as a part of the course curriculum provided such examinations are on school premises, under the direct one-on-one supervision of a polygraph licensee, and the school provides, in writing, a notice to the client that such examinations are being conducted by students and not by licensed polygraph examiners. The school shall maintain a copy of such written notification;

Trainees who wish to apply for a license must submit an application to the Board in accordance with 12 NCAC 07D .0201.

Applicants meeting license qualifications within one year of the issuance of a trainee permit shall not be required to pay an additional application fee;

Any request for renewal of a trainee permit or for issuance of a polygraph license shall be

(6) accompanied by an evaluation report of the trainee's performance submitted by the trainee's supervisor; and

In addition to the final evaluation report, supervisors shall submit a five monthly evaluation reports on a checklist provided by the Board.

Authority G.S. 74C-5.

12 NCAC 07D .0503 POLYGRAPH EXAMINATION

REQUIREMENTS

Polygraph licensees and trainees shall:

(1) Obtain written consent from the individual to be examined which shall be signed in the presence of the examiner. The consent form

(2) shall include a statement advising the examinee that he may terminate the examination at any time;

A printed or reproducible electronic copy of each chart collected as well as documents associated with the examination such as reports, question sets and signed consent forms shall be retained by the examiner for a minimum of three years. The examiner shall record, at a minimum, the following information:

(a) name of the examinee,

(b) date of the examination,

(3)

(4)

(5)

(6)

(7)

(8)

(c)

(d) type of examination, time the examination started,

(e)

(f) location of the examination, and name and license number of the examiner.

This requirement may be completed by labeling the beginning of the first printed chart by hand, or by entering the information into the electronic polygraph file.

The examiner shall give the examinee a reasonable opportunity to explain reactions on the charts.

The examiner shall not issue or permit an employee of his to issue an examination report which is misleading, biased, or falsified.

Each examination report shall be a factual, impartial, and objective account of the pertinent information developed during the examination and the examiner's professional conclusion, based on the analysis of the charts.

All questions to be considered for chart analysis shall be documented in writing or an electronic question set and shall be reviewed with the examinee prior to any testing.

An examiner shall not make a conclusive verbal or written examination report without having administered two or more charts consisting of the same and questions.

An examiner shall not inquire into the sexual

(9) conduct or preferences of a person to whom a polygraph examination is being given unless pertinent to an alleged sex-related crime, nor shall an examiner inquire into the activities, affiliations or beliefs on religion, politics or race, except where there is specific relevancy to an investigation.

Each chart shall be signed by the examinee and the examiner, at the end of the chart before the end of the recording if using an analog instrument or not retaining electronic copies of the charts for the specified three year period.

Retaining reproducible electronic copies of all charts noting the names of the examiner and examinee as well as the date and time of testing will also meet the requirements of this

Rule.

(10) An examiner shall conduct no more than five examinations in a 24 hour period.

(11) For adequate auditing of polygraph examiners each examiner shall keep a daily log of examinations.


12 NCAC 07D .0504 POLYGRAPH INSTRUMENTS

(a) A polygraph examiner shall not conduct an examination unless the instrument used makes a simultaneous recording of at


1178

PROPOSED RULES least three physiological tracings including: the pneumograph, the cardiophygmograph, and the galvanograph. including the pneumo cardio and electrodermal changes. This recording must be in a form suitable for examination review by another polygraph examiner. Such recordings shall be available to the

Board or its designated representative. This requirement shall not prohibit recording additional physiological phenomenon on the same charts.

(b) A polygraph examiner shall not conduct an examination on an instrument unless the manufacturer has provided information for self-calibration and sensitivity standards for that instrument.

A polygraph examiner shall calibrate his instrument at least monthly and keep a signed and dated record of the dates of calibration as well as a signed and dated chart of that calibration. examiner has ensured the instrument is properly functioning.

(c) A polygraph examiner shall:

(1) complete a functionality check or calibration of the instrument at time intervals that comply

(2) with the manufacturer's recommendations; and maintain a signed and dated record of the charts collected during the functionality check or calibration for a period of three years.


SECTION .1300 – CONTINUING EDUCATION

12 NCAC 07D .1302

EDUCATION HOURS

REQUIRED CONTINUING

Each licensee shall complete 12 credit hours of continuing education training during each two year renewal period. Credit shall be given only for classes that have been approved by the

Board. Board as set forth in Rule .1303 of this Section. A licensee who attends a complete meeting of a regularly scheduled meeting of the Private Protective Services Board shall receive two credit hours for each meeting that the licensee attends, with credit being given for a maximum of two meetings per year with no more than four credit hours per year and eight credit hours per renewal period.

Authority G.S. 74C-2; 74C-4; 74C-5; 74C-22.

TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND

COMMISSIONS

CHAPTER 23 – IRRIGATION CONTRACTORS'

LICENSING BOARD


NC Irrigation Contractors' Licensing Board intends to adopt the rule cited as 21 NCAC 23 .0105 and amend the rules cited as 21

NCAC 23 .0206-.0207 and .0505.


OSBM certified on:

RRC certified on:

Not Required

Link to agency website pursuant to G.S. 150B-19.1(c): www.nciclb.org


Public Hearing :

Date: January 16, 2014

Time: 9:30 a.m.

Location: 4300 Reedy Creek Road, Raleigh, NC 27607

Reason for Proposed Action:

21 NCAC 23 .0105 – Like other self-regulating professional boards, the Board seeks to ensure the ethical integrity, transparency and accountability of its licensees in the course of their business conduct.

21 NCAC 23 .0206 – The Board proposes to amend this rule in order to allow the Board to elect to refer contested cases to

OAH for disposition as allowed under G.S. 150B-40(e). The rule currently requires that all contested cases be heard only by a majority of the Board.

21 NCAC 23 .0207 – The intension is to allow the Board additional flexibility in the timely issuance of final agency decisions, insofar as they meet the requirements of the

Administrative Procedures Act. This additional flexibility is necessary as the Board continues to hold regular Board meetings on a monthly basis.

21 NCAC 23 .0505 – These amendments are proposed in order to reflect the increasing diversity in accepted industry practice in the treatment of the specified components.

Comments may be submitted to: Barbara Geiger, P.O. Box

41421, Raleigh, NC 27629








Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.








1179



SECTION .0100 – LICENSING

21 NCAC 23 .0105 ETHICS

It shall be unethical to defame competitors by falsely imputing to them dishonorable conduct or competency. A licensee may be disciplined by the Board upon a showing of such defamation or harassment.

Authority G.S. 89G-5.

SECTION .0200 – HEARING RULES OF THE NORTH

CAROLINA IRRIGATION CONTRACTORS LICENSING

BOARD

21 NCAC 23 .0206 CONDUCT OF HEARING

(a) Hearings in contested cases shall be conducted by a majority of the Board. Board or referred to the Office of Administrative

Hearings pursuant to G.S. 150B-40.

(b) Disqualification. An affidavit seeking disqualification of any Board member, if filed in good faith an in a timely manner, shall be ruled on by the remaining members of the Board. An affidavit is considered timely if it is filed:

(1)

(2)

Prior to the hearing; or

As soon after the commencement of the hearing as the affiant becomes aware of facts which give rise to his belief that a Board member should be disqualified.

(c) Evidence. The admission of evidence in a hearing in a contested case shall be as prescribed in G.S. 150B-41.

Authority G.S. 89G-5; 150B-38.

21 NCAC 23 .0207 DECISION OF BOARD

(a) The form and content of the Board's decision in a contested case shall be as prescribed by G.S. 150B-42(a), and its decision shall be served upon the parties in a manner consistent with the statute.

(b) At the conclusion of the hearing and deliberations, the Board shall announce its findings of fact and conclusions of law. If the

Board concludes that the hearing respondent has violated a provision of the rules in this Chapter or of G.S. 89G, it shall announce the nature and extent of any sanction it orders be imposed upon the hearing respondent. The Board may then direct its legal counsel, the respondent's counsel, if represented, or such independent legal counsel as may be provided by the

North Carolina Department of Justice for the purpose of advising the Board in the course of that hearing, to draft a proposed order consistent with its announcement. '' The Order shall be drafted in accordance with G.S. 150B-42.

(c) The official record of the hearing in a contested case shall contain those items specified in G.S. 150B-42(b).

Authority G.S. 89G-5; 150B-38.

SECTION .0500 – IRRIGATION SYSTEM

INSTALLATION MINIMUM STANDARDS

21 NCAC 23 .0505 TRENCHING AND PIPING

(a) All portions of an irrigation system that do not meet the standards in this Rule must be noted on the record drawing.

(b) An irrigation contractor shall protect the root systems of the trees on the site by not trenching across the established root systems of existing trees and shrubs.

(c) When the irrigation contractor finds that it is necessary to trench into the root zone of an established plant, trenching shall be done so that the trench is at a right angle to the base of the tree or shrub.

(d) An irrigation contractor shall cut damaged roots cleanly at a right angle.

(e) Piping in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five feet per second for polyvinyl chloride (PVC), polyethylene

(PE) and high density polyethylene (HDPE) pipe and seven feet per second for metal pipe.

(f) The main line and lateral line piping must be installed to provide a minimum of 12 inches between the top of the pipe and the natural grade.

(g) The bottom of the trench shall be smooth and provide a flat bed on which to rest the pipe.

(h) The irrigation contractor shall clean backfill material of any debris that may damage the pipe.

(i) If a utility, man-made structure or roots create an unavoidable obstacle which makes the 12 inch depth coverage requirement impractical, the piping shall be installed inside a larger section of pipe for added protection.

(j) When swing joints are used, the depth of the pipe must allow the swing joint to operate as designed.

(k) All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the final grade. The trench shall be compacted in lifts no greater than six inches to insure proper compaction.

(l) All new irrigation systems that are installed using PVC shall be prepared according to manufacturer's recommendations prior

. connection.

(m) When the irrigation contractor uses PR 200 pipe, the manufacturer's directions shall be followed. .

(n) The irrigation contractor shall use the manufacturer's approved lubricant.

(o) The irrigation contractor shall use Teflon tape on all threaded fittings, wrapping the tape three times to insure a proper seal.

(p) When the irrigation system uses reclaimed water the irrigation contractor shall use purple pipe or mark the pipe with purple tape placed above all piping in the system. Tape must be within six inches of the top of the pipe. The irrigation contractor shall use purple valve box covers and purple quick coupler flaps and place an eight inch by eight inch sign with purple background stating "RECLAIMED WATER-DO NOT DRINK," and "AQUA DE RECUPERION-NO BEBER."

Authority G.S. 89G-5.


1180

APPROVED RULES

This Section includes a listing of rules approved by the Rules Review Commission followed by the full text of those rules. The rules that have been approved by the RRC in a form different from that originally noticed in the Register or when no notice was required to be published in the Register are identified by an * in the listing of approved rules. Statutory Reference: G.S. 150B-

21.17.

Rules approved by the Rules Review Commission at its meeting on October 17, 2013.

REGISTER CITATION TO THE

NOTICE OF TEXT

BANKS, OFFICE OF THE COMMISSIONER OF

Definitions

Appointment of Appellate Panel

Definitions

Application for a License

Revocation or Cancellation of Surety Bond

Impairment of Minimum Net Worth

Record and Bookkeeping Requirements

Examination Fee

Definitions

Posting of Fees

Books and Records

Report of Information to Commissioner for the...

04 NCAC 03B .0219

*

04 NCAC 03B .0301

*

04 NCAC 03F .0201

*

04 NCAC 03F .0301

*

04 NCAC 03F .0506

*

04 NCAC 03F .0508

*

04 NCAC 03F .0601

*

04 NCAC 03F .0602

*

04 NCAC 03L .0101

*

04 NCAC 03L .0403

*

04 NCAC 03L .0501

*

04 NCAC 03L .0604

* n/a G.S. 150B-21.5(a)(3) n/a G.S. 150B-21.5(a)(3) n/a G.S. 150B-21.5(a)(3) n/a G.S. 150B-21.5(a)(3) n/a G.S. 150B-21.5(a)(3) n/a G.S. 150B-21.5(a)(3) n/a G.S. 150B-21.5(a)(2)&(3) n/a G.S. 150B-21.5(a)(2)&(b) n/a G.S. 150B-21.5(a)(3)&(b)(1) n/a G.S. 150B-21.5(a)(3)&(a)(5) n/a G.S. 150B-21.5(a)(3)&(b)(1) n/a G.S. 150B-21.5(b)(1)

SHERIFFS EDUCATION AND TRAINING STANDARDS COMMISSION

Administration of Justice Officer Schools and... 12 NCAC 10B .0702

* 27:02 NCR

WILDLIFE RESOURCES COMMISSION

Black Bass

Crappie

Flounder, Sea Trout and Red Drum

Kokanee Salmon

Muskellunge

Pickerel

Roanoke and rock bass

Sauger

Shad

Striped Bass

Sunfish

Trout

Walleye

White Bass

White Perch

Yellow Perch

Safety Equipment

15A NCAC 10C .0305

15A NCAC 10C .0306

*

15A NCAC 10C .0307

15A NCAC 10C .0308

15A NCAC 10C .0309

15A NCAC 10C .0310

15A NCAC 10C .0311

*

15A NCAC 10C .0312

15A NCAC 10C .0313

*

15A NCAC 10C .0314

*

15A NCAC 10C .0315

*

15A NCAC 10C .0316

15A NCAC 10C .0317

15A NCAC 10C .0318

15A NCAC 10C .0319

15A NCAC 10C .0320

15A NCAC 10F .0201

*

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR

27:24 NCR


1181


DENTAL EXAMINERS, BOARD OF

Equipment

Clinical Requirements and Equipment

Off Site Use of Sedation Permits

Annual Renewal Required

21 NCAC 16Q .0202

*

21 NCAC 16Q .0302

*

21 NCAC 16Q .0304

*

21 NCAC 16Q .0501

*

27:20 NCR

27:20 NCR

27:20 NCR

27:20 NCR

HEARING AID DEALERS AND FITTERS BOARD

Visual Inspection and Hearing Test

MEDICAL BOARD

Reinstatement of Physician License

Application of Resident's Training License

Application for Medical School Faculty License

Special Purpose License

Scope of Practice Under Limited Volunteer

License and...

Application for Limited Volunteer License

Application for Retired Limited Volunteer License

Expedited Application for Physician License

Process for Approval to Practice

Inactive Status

Exemption from License

21 NCAC 22I .0103

* 27:22 NCR

21 NCAC 32B .1350

*

21 NCAC 32B .1402

*

21 NCAC 32B .1502

*

21 NCAC 32B .1602

21 NCAC 32B .1701

21 NCAC 32B .1702

*

21 NCAC 32B .1704

*

21 NCAC 32B .2001

*

21 NCAC 32M .0104

*

21 NCAC 32M .0108

*

21 NCAC 32S .0209

28:01 NCR

28:01 NCR

28:01 NCR

28:01 NCR

28:01 NCR

28:01 NCR

28:01 NCR

28:01 NCR

28:01 NCR

28:01 NCR

28:01 NCR

NURSING, BOARD OF

Issuance of a License by a Compact Party State

Process for Approval to Practice

21 NCAC 36 .0702

*

21 NCAC 36 .0804

*

Inactive Status 21 NCAC 36 .0808

*

The following rule is subject to the next Legislative Session. (See G.S. 150B-21.3)

28:01 NCR

28:01 NCR

28:01 NCR

FUNERAL SERVICE, BOARD OF

Fees and Other Payments 21

TITLE 04 – DEPARTMENT OF COMMERCE

04 NCAC 03B .0219 DEFINITIONS

As used in this Subchapter:

(1) "Appellate panel" means an appellate review

(2)

(3)

(4) panel appointed pursuant to G.S. 53C-2-6(b).

"Commission" means the North Carolina State

Banking Commission.

"Commissioner" means the North Carolina

Commissioner of Banks.

"Court" means a North Carolina District or

Superior Court.

NCAC 34A

(5)

(6)

.0201

28:01 NCR

"Day" means a calendar day, other than a

Saturday, Sunday or North Carolina state holiday.

"Hearing officer" means the Commissioner or an individual appointed by the Commissioner

(7) pursuant to G.S. 53C-2-6(c).

"Rules of Civil Procedure" means the North

Carolina Rules of Civil Procedure, G.S. 1A-1, et seq., as the same may be amended from

(8) time to time.

Terms used herein which are defined by G.S.

150B shall be defined as in G.S. 150B.

History Note: Authority G.S. 53C-2-5; 53C-2-6;


1182


Eff. August 1, 2004;

Amended Eff. November 1, 2013.

04 NCAC 03B .0301 APPOINTMENT OF

APPELLATE PANEL

In the event the Chairman of the Commission, pursuant to G.S.

53C-2-6(b) appoints an appellant panel to consider an appeal and make a recommended decision to the State Banking

Commission, the Commissioner's staff shall send all parties written notice of that appointment.

History Note: Authority G.S. 53C-2-1(e); 53C-2-6(b); 53-

215; 53-224.30; 53-231; 53-232.17; 53-244.121; 53-252; 53-

272; 53-289; 53-350; 53-410; 53-412(d);



04 NCAC 03F .0201 DEFINITIONS

(a) As used in this Subchapter, unless the context clearly requires otherwise:

(1) "Agent" shall mean a person, partnership, corporation, or other entity authorized by a

(2)

(3) licensee to sell or issue checks of the licensee in this State as a service or for a fee or other consideration on the behalf of the licensee;

"Applicant" shall mean a person who applies for a license under the Money Transmitters

Act;

"Controlling person" shall mean any person as defined in G.S. 53-208.2(16) who owns or

(4)

(5) holds with the power to vote 10% or more of the equity securities of the applicant or licensee, or who has the power to direct the management and policy of the applicant or licensee;

"Executive officer" shall have the same meaning as set forth in Regulation "O," promulgated by the Board of Governors of the

Federal Reserve System and codified in the

Code of Federal Regulations at Title 12,

Chapter II, Subchapter A, Part 215.2;

"Location" shall mean any place of business within this State operated by the licensee or the licensee's agent at which checks of the licensee are issued or sold;

"Money Transmitters Act" shall mean the (6)

(7)

Money Transmitters Act codified at Chapter

53, Article 16A of the North Carolina General

Statutes (G.S. 53-208.1,et seq.);

"State" shall mean the State of North Carolina;

(8) Terms defined in G.S. 53-208.2 shall have the same meaning in this Subchapter.

(b) An application for a license, amendment to the application, annual statement, notice, or any other document which is required by law or rule to be filed with the Commissioner shall be addressed as follows:

Mailing Address:

Office of the Commissioner of Banks

4309 Mail Service Center

Raleigh, North Carolina 27699-4309.

Street Address:

Office of the Commissioner of Banks

316 West Edenton Street

Raleigh, North Carolina 27603

History Note: Authority G.S. 53-208.27;

Eff. February 1, 1993;

Amended Eff. November 1, 2013; September 1, 2006; June 1,

1995.

04 NCAC 03F .0301 APPLICATION FOR A LICENSE

(a) Any person who wishes to sell or issue checks in this

State pursuant to the Money Transmitters Act must first obtain a license issued by the Commissioner. An application for a license can be obtained from and shall be filed pursuant to Rule .0201(b) of this Subchapter.

(b) An application for a Money Transmitters' license shall include information required by G.S. 53-208.5 through G.S.

53-208.10 of Chapter 53, Article 16A. The application must be submitted on a form provided by the Commissioner.

(c) In addition to the documents and information listed in

Paragraph (b) of this Rule, the Commissioner may require additional information necessary to complete an investigation pursuant to G.S. 53-208.10.

(d) Incomplete application files shall be closed and deemed denied without prejudice when the applicant has not submitted information requested by the Commissioner within

30 days of such request.

History Note: Authority G.S. 53-208.3; 53-208.27;



04 NCAC 03F .0506 REVOCATION OR

CANCELLATION OF SURETY BOND

(a) No later than 30 days after the renewal of its surety bond, a licensee shall file pursuant to Rule .0201(b) of this Subchapter:

(1)

(2) a certificate of continuation of the surety bond required by G.S. 53-208.8; or evidence of continued compliance with G.S.

53-208.8(b) which shall consist of a safekeeping receipt received directly from the trustee of securities with a par value equal to the amount of the surety bond in G.S. 53-

208.8.

(b) A licensee shall notify the Commissioner in writing of revocation or cancellation of its surety bond furnished pursuant to G.S. 53-208.8.

History Note: Authority 53-208.8; 53-208.27;


Amended Eff. November 1, 2013; June 1, 1995.


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04 NCAC 03F .0508 IMPAIRMENT OF MINIMUM

NET WORTH

A licensee shall notify the Commissioner in writing if, at any time, it fails to meet the minimum net worth requirement of G.S.

53-208.5(a). The notification shall be accompanied by a plan to restore the minimum net worth.

History Note: Authority 53-208.5; 53-208.27;



04 NCAC 03F .0601

REQUIREMENTS

RECORD AND BOOKKEEPING

(a) Licensee. Each licensee shall maintain at an office information required by G.S. 53-208.16(a) of Chapter 53, Article

16A.

(b) Authorized delegate. Each authorized delegate shall maintain at its office a record of the disposition of all transactions or monetary instruments received from the licensee.

The record shall contain an accounting of all proceeds from those transactions or monetary instruments paid to the licensee and all proceeds due to the licensee.

History Note: Authority 53-208.16; 53-208.20; 53-208.27;



04 NCAC 03F .0602 EXAMINATION FEE

Each licensee shall pay the cost of an examination conducted by the Commissioner or his designee pursuant to G.S. 53-208.15.

The cost of such examination shall be the hourly rate established pursuant to 04 NCAC 03C .1601 plus travel expenses and the per diem subsistence allowance provided for State employees pursuant to G.S. 138-5 through G.S. 138-7, and any rules promulgated thereunder.

History Note: Authority 53-208.15; 53-208.27; 53-282(c);



04 NCAC 03L .0101 DEFINITIONS

(a) As used in this Subchapter unless the context or the language of G.S. 53, Article 22 indicates a contrary intention, the following definitions shall apply:

(1) "Any one maker" shall mean any single signatory on a personal checking account.

(2) "Branch location" shall mean any location, including a mobile unit, but not the principal place of business, where the licensee holds itself out to the public as engaging in a check-

(3)

(4) cashing business.

"Business day" shall mean a calendar day, other than Saturday, Sunday or holiday.

"Check" shall mean a draft (other than a draft payable upon presentation of documentation such as securities) payable on demand and drawn on a bank. The term "check" may also include any cashier's check or teller's check or other check, draft, or money order, but shall

(5)

(6) not include travelers checks or foreign denomination payment instruments.

"Conspicuously posted" shall mean placed in plain public view in such a location and in such a way and of such form and size and typeface that any person seeking the services of a licensee could easily see and read the contents of the posted notice.

"Controlling person" shall mean any person who owns or holds with the power to vote

10% or more of the equity securities of an applicant or licensee, or who has the power to direct the management and policy of the licensee.

(7)

(8)

"Draft" shall mean a written order to pay money signed by one person, the drawer who signs the document, to another person, the drawee.

"Liquid assets" shall mean cash, bank deposit accounts, and money market accounts or similar property owned by the applicant or licensee, plus undeposited checks cashed by a

(9) licensee, less any returned checks doubtful of collection and cash remittances due others.

"Location" shall mean any place of business where check-cashing activity is conducted.

(10) "Mobile unit" shall mean a vehicle or other movable means from which the business of check cashing is conducted.

(11) "Principal" shall mean any person who controls directly, or indirectly through one or more intermediaries, alone or in concert with others, a 10% or greater interest in a partnership, company, association or corporation; the owner of a sole proprietorship; any natural person acting with apparent authority for or on behalf of an owner, officer, member, or director of a licensee; or any natural person who directs the performance of other employees as manager of a branch of any licensee.

(12) "Principal place of business" shall mean the location where the licensee holds itself out to the public as engaging in a check cashing business and which the licensee has declared to the Commissioner to be its main site of business operations.

(13) "Receipt" shall mean a written record of the check-cashing transaction.

(b) Unless a term is defined herein or in G.S. 53, Article 22, that term shall have the meaning given it, if any, by Article 3

"Negotiable Instruments" of Chapter 25, North Carolina

Uniform Commercial Code.

History Note: Authority G.S. 53C-2-1; 53C-2-2; 53-288;

Eff. July 1, 2000;



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04 NCAC 03L .0403 POSTING OF FEES

(a) The notice of fees required by G.S. 53-280(c) shall be clear, legible, and in bold and blocked letters and numbers not less than one inch in height. The information shall be posted in a conspicuous location in the unobstructed view of the public within the check casher's premises.

(b) A licensee shall file with the Commissioner on paper 8 1/2 x

11 inches a scaled duplicate of the notice required by G.S. 53-

280(c) and Paragraph (a) of this Rule.

History Note: Authority G.S. 53C-2-1; 53C-2-2; 53-280; 53-

288;

Eff. July 1, 2000;


04 NCAC 03L .0501 BOOKS AND RECORDS

(a) Each check-cashing business licensed by the Commissioner of Banks shall record all transactions of receipts and disbursements pertaining to checks cashed. All entries shall be made as of the exact date the transactions occur. A licensee shall maintain books and accounting records which shall include, at a minimum:

(1)

(2) a daily transaction journal, or equivalent record, which shall show the customer's name for each transaction; the written receipt required by G.S. 53-282(b); and

(3) the bank statements of the licensee. If the statements are not maintained on the premises of the licensee, they must be made available upon request by the Office of the

Commissioner of Banks.

(b) These records shall be maintained at each business location and shall be made available by the close of business on the next business day upon request to the Commissioner of Banks or his designee for inspection or examination for a period of not less than three years from the date of final entry.

(c) No books or records of the licensee required hereunder shall show any account or reflect any transaction other than those related to the check-cashing business within the provisions of the

Check-Cashing Businesses Act.

(d) Books and records retained by a licensee which arise from or relate to a prior accounting period may be maintained in the form of magnetic tape, magnetic disk, or other form of computer, electronic or microfilm media available for examination on the basis of computer printed reproduction, video display, or other medium so long as any books and records kept in such manner are convertible into legible, tangible documents within 72 hours of request of the Commissioner. The time for such conversion may be extended if the Commissioner determines that the burden to the licensee of such conversion exceeds the benefit to the Commissioner and the public.

History Note: Authority G.S. 53C-2-1; 53C-2-2; 53-282; 53-

288;

Eff. July 1, 2000;


04 NCAC 03L .0604 REPORT OF INFORMATION TO

COMMISSIONER FOR THE GENERAL ASSEMBLY

History Note: Authority G.S. 53-92; 53-93;

Eff. July 1, 2000;

Repealed Eff. November 1, 2013.

TITLE 12 – DEPARTMENT OF JUSTICE

12 NCAC 10B .0702

OFFICER SCHOOLS

ADMINISTRATION OF JUSTICE

The rules covering the administration of Criminal Justice

Schools and training programs or courses of instruction, codified as Title 12, Subchapter 9B, Section .0200 of the North Carolina

Administrative Code, effective and previously adopted by the

North Carolina Criminal Justice Education And Training

Standards Commission are hereby incorporated by reference and shall automatically include any later amendments and editions of the incorporated material to apply to actions of the North

Carolina Sheriffs' Education and Training Standards

Commission with the exception of the Detention Officer

Certification Course and the Telecommunicator Certification

Course. Copies of the incorporated materials may be obtained at no cost from the Criminal Justice Standards Division, North

Carolina Department of Justice, 1700 Tryon Park Drive, Post

Office Drawer 149, Raleigh, North Carolina 27692, or at http://ncdoj.gov/About-DOJ/Law-Enforcement-Training-and-

Standards/Criminal-Justice-Education-and-Training-

Standards/Training-Certification-Programs.aspx.

History Note: Authority G.S. 17E-4;

Eff. January 1, 1989;

Amended Eff. January 1, 1996; January 1, 1990;

Temporary Amendment Eff. March 1, 1998;

Amended Eff. November 1, 2013; August 1, 1998.

TITLE 15A – DEPARTMENT OF ENVIRONMENT AND

NATURAL RESOURCES

15A NCAC 10C .0305 BLACK BASS

(a) The daily creel limit for Largemouth, Smallmouth and

Spotted Bass — collectively known as Black Bass — is five fish, except in waters identified in Paragraphs (b) and (c) of this

Rule. There is no minimum size limit for these fish, but only two of them may be less than 14 inches except in waters identified in Paragraphs (b), (c), (d), (e), (f), (g), (h), (i), (j) and

(k) of this Rule. There is no closed season, except for waters identified in Paragraph (k) of this Rule.

(b) In Lake Cammack in Alamance County and Lake Holt in

Granville County the daily creel limit for Largemouth Bass is 10 fish and no more than two fish greater than 14 inches may be possessed.

(c) In Lake Santeetlah in Graham County, there is no daily creel limit for Black Bass less than 14 inches. The daily creel limit for

Black Bass greater than 14 inches is five fish.


1185


(d) The minimum size limit for Black Bass is 14 inches, with no exceptions in:

(1)

(2)

(3)

Lake Raleigh in Wake County;

Lake Mattamuskeet and associated canals in

Hyde County;

Pungo Lake in Washington and Hyde counties;

(4)

(5)

New Lake in Hyde County; and the Currituck, Roanoke, Croatan and

Albemarle sounds and all their tributaries including Roanoke River downstream of

Roanoke Rapids Dam, Chowan River, Yeopim

River, Pasquotank River, Perquimans River,

North River, Northwest River, Scuppernong

River and Alligator River (including the

Alligator/Pungo Canal east of the NC Hwy

264/45 bridge).

(e) In Cane Creek Lake in Union County, and Buckhorn

Reservoir in Wilson and Nash counties, the minimum size limit for Largemouth Bass is 16 inches, with no exceptions.

(f) In Lake Phelps the minimum size limit is 14 inches, with no exceptions, and no fish between 16 and 20 inches may be possessed.

(g) In Shearon Harris Reservoir, there is no minimum size limit for Black Bass, but only two Black Bass less than 14 inches and no Black Bass between 16 and 20 inches may be possessed.

(h) In Randleman Reservoir, there is no minimum size limit for

Largemouth Bass, but only two Largemouth Bass less than 14 inches and only one Largemouth Bass greater than 20 inches may be possessed.

(i) In Lake Thom-A-Lex in Davidson County, the minimum size limit for Black Bass is 18 inches with no exceptions.

(j) In the Alleghany County portion of New River downstream of Fields Dam (Grayson County, Virginia) there is no minimum size limit for Black Bass, but no fish between 14 and 20 inches in length may be possessed and only one Black Bass greater than

20 inches may be possessed.

(k) In Sutton Lake, the minimum size limit for Black Bass is 14 inches with no exceptions and no Black Bass may be possessed from December 1 through March 31.

(l) For purposes of this Rule, creel limits apply to Largemouth,

Smallmouth and Spotted Bass in aggregate unless otherwise specified.

History Note: Authority G.S. 113-134; 113-292; 113-304;

113-305;


Temporary Amendment Eff. May 10, 1990, for a period of 180 days to expire on November 1, 1990;



Amended Eff. July 1, 1994; July 1, 1993; October 1, 1992;

Temporary Amendment Eff. December 1, 1994 for a period of

180 days or until the permanent rule becomes effective, whichever is sooner;

Amended Eff. July 1, 1998; July 1, 1997; July 1, 1996; July 1,

1995;

Temporary Amendment Eff. November 1, 1998;

Amended Eff. April 1, 1999;

Temporary Amendment Eff. July 1, 1999;

Amended Eff. July 1, 2000;

Temporary Amendment Eff. July 1, 2001;

Temporary Amendment Eff. March 8, 2002 [This rule replaces the rule proposed for permanent amendment effective July 1,

2002 and approved by RRC in May 2001];

Amended Eff. August 1, 2002 (approved by RRC in April 2002);

Temporary Amendment Eff. June 1, 2003;

Amended Eff. June 1, 2004 (this amendment replaces the amendment approved by RRC on July 17, 2003);

Amended Eff. November 1, 2013; August 1, 2012; March 1,

2012; August 1, 2011; August 1, 2010; May 1, 2009; July 1,

2008; May 1, 2008; May 1, 2007; May 1, 2006; June 1, 2005.

15A NCAC 10C .0306 CRAPPIE

(a) There is no daily creel limit for Crappie, except for waters identified in Paragraphs (b), (c), and (d) of this Rule. There is no minimum size limit for these fish, except for waters identified in Paragraphs (c) and (d). There is no closed season.

(b) In Buckhorn Reservoir in Wilson and Nash counties the daily creel limit is 20 fish.

(c) In the following waters, the daily creel limit is 20 fish and the minimum size limit is 10 inches:

(1)

(2)

B. Everett Jordan Reservoir,

Roanoke River and its tributaries downstream of Roanoke Rapids dam,

(3)

(4)

(5)

(4)

(5)

Cashie River and its tributaries,

Middle River and its tributaries, and

Eastmost River and its tributaries.

(d) In the following waters, the daily creel limit is 20 fish and the minimum size limit is eight inches:

(1) South Yadkin

Cooleemee Dam;

River downstream of

(2)

(3)

Yadkin River downstream from Idols Dam;

Pee Dee River from Blewett Falls Dam to the

South Carolina state line;

High Rock Lake;

Tuckertown Lake;

(6)

(7)

(8)

Badin Lake;

Falls Lake (Stanly and Montgomery counties);

Lake Tillery;

(9) Blewett Falls Lake;

(10) Lake Norman;

(11) Lake Hyco;

(12) Lake Ramseur;

(13) Cane Creek Lake;

(14) Tar River downstream of Tar River Reservoir

Dam;

(15) Neuse River downstream of Falls Lake Dam;

(16) Haw River downstream of Jordan Lake Dam;

(17) Deep River downstream of Lockville Dam;

(18) Cape Fear River;

(19) Waccamaw River downstream of Lake

Waccamaw Dam;

(20) Lumber River including Drowning Creek;

(21) all other public fishing waters east of Interstate

95, except Tar River Reservoir in Nash

County, Sutton Lake in New Hanover County,


1186

APPROVED RULES and waters listed in Paragraph (c) of this Rule; and

(22) all public waters west of Interstate 77.

For waters in Subparagraphs (14) through (22), the restrictions apply to all tributaries.


Eff. November 1, 2013.

15A NCAC 10C .0307 FLOUNDER, SEA TROUT, AND

RED DRUM

In inland fishing waters, Sea Trout (Spotted or Speckled),

Flounder, and Red Drum (also known as Channel Bass, Red Fish or Puppy Drum) recreational seasons, size limits and creel limits are the same as those established in the Rules of the Marine

Fisheries Commission or proclamations issued by the Fisheries

Director in adjacent joint or coastal fishing waters.


113-305;

Eff. November 1, 2013

15A NCAC 10C .0308 KOKANEE SALMON

The daily creel limit for Kokanee Salmon is seven fish. There is no minimum size limit for these fish. There is no closed season for Kokanee Salmon.



15A NCAC 10C .0309 MUSKELLUNGE

The daily creel limit for Muskellunge is one fish. The minimum size limit for this fish is 42 inches. There is no closed season for

Muskellunge.



15A NCAC 10C .0310 PICKEREL

There is no daily creel limit and no minimum size limit for

Pickerel (Chain and Redfin). There is no closed season for

Pickerel.



15A NCAC 10C .0311 ROANOKE AND ROCK BASS

(a) There is no daily creel limit and no minimum size limit for

Roanoke and Rock Bass, except for waters identified in

Paragraph (b) of this Rule. There is no closed season for

Roanoke and Rock Bass.

(b) In all public fishing waters east of Interstate 77, the daily creel limit for Roanoke and Rock Bass is two fish in the aggregate and the minimum size for these fish is eight inches.



15A NCAC 10C .0312 SAUGER

The daily creel limit for Sauger is eight fish. The minimum size limit for these fish is 15 inches. There is no closed season for

Sauger.



15A NCAC 10C .0313 SHAD (AMERICAN AND

HICKORY)

(a) The daily creel limit for American and Hickory Shad in the aggregate is 10 fish, except for waters identified in Paragraphs

(b), (c) and (d) of this Rule. There is no minimum size limit for these fish. There is no closed season, except for waters identified in Paragraph (e) of this Rule.

(b) In the inland waters of Roanoke River, Neuse River, and their tributaries, the daily creel limit for American and Hickory

Shad is 10 in the aggregate, only one of which may be an

American Shad.

(c) In the inland waters of the Cape Fear River and its tributaries, the daily creel limit for American and Hickory Shad is 10 in the aggregate, only five of which may be American

Shad.

(d) In Roanoke Rapids Reservoir, Lake Gaston and John H.

Kerr Reservoir, no American Shad may be possessed.

(e) The season for taking American and Hickory Shad with bow nets is March 1 through April 30.


113-305;


15A NCAC 10C .0314 STRIPED BASS

(a) The daily creel limit for Striped Bass and its hybrids is eight fish in the aggregate, except in waters identified in Paragraphs

(b), (c), (d), (e), (f), (g), (h), (i) and (j) of this Rule. There is no minimum size limit for these fish, but only two of them may be less than 16 inches, except in waters identified in Paragraphs (b),

(c), (d), (e), (f), (g), (h), (i) and (j) of this Rule. There is no closed season, except for waters identified in Paragraphs (g), (h),

(i), (j) and (k) of this Rule.

(b) In the Dan River upstream from its confluence with

Bannister River to the dam at Union Street in Danville, VA and in John H. Kerr Reservoir, the daily creel limit on Striped Bass and its hybrids is two in the aggregate and the minimum size limit is 24 inches from October 1 through May 31. From June 1 through September 30, the daily creel limit on Striped Bass and its hybrids is four in the aggregate with no minimum size limit.

(c) In the Cape Fear River upstream of Buckhorn Dam; the

Deep River to the first impoundment; the Haw River to the first impoundment; B. Everett Jordan Reservoir; Lake Rhodhiss;

Lake Hickory; and Lookout Shoals Reservoir, the daily creel limit on Striped Bass and its hybrids is four in the aggregate and the minimum size limit is 20 inches.

(d) In Lake Gaston and Roanoke Rapids Reservoir, the daily creel limit on Striped Bass and its hybrids is four in the aggregate. The minimum size limit for these fish is 20 inches from October 1 through May 31. There is no minimum size limit for these fish from June 1 through September 30.


1187


(e) In Lake Norman the daily creel limit on Striped Bass and its hybrids is four in the aggregate. The minimum size limit for these fish is 16 inches from October 1 through May 31. There is no minimum size limit for these fish from June 1 through

September 30.

(f) In Lake Matamuskeet and in the Pee Dee River and its tributaries downstream from the Blewett Falls Dam to the South

Carolina state line, the daily creel limit is three fish in the aggregate and the minimum size limit is 18 inches.

(g) In the inland fishing waters of Neuse, Pungo and Tar

Pamlico rivers and their tributaries extending upstream to the first impoundment of the main course on the river or its tributaries, and in all other inland fishing waters east of Interstate

95 not specified in Paragraphs (f), (h), (i) and (j) of this Rule, the daily creel limit for Striped Bass and its hybrids is two fish in the aggregate. The minimum size limit is 18 inches but no Striped

Bass or hybrids between the lengths of 22 inches and 27 inches shall be possessed. In these waters, the season for taking and possessing Striped Bass is closed from May 1 through

September 30.

(h) In the inland fishing waters of the Cape Fear River and its tributaries downstream of Buckhorn Dam, the season for taking and possessing Striped Bass is closed year-round.

(i) In the inland and joint fishing waters [as identified in 15A

NCAC 10C .0107(1)(e)] of the Roanoke River Striped Bass

Management Area, which includes the Roanoke, Cashie, Middle and Eastmost rivers and their tributaries, the open season for taking and possessing Striped Bass and its hybrids is March 1 through April 30 from the joint-coastal fishing waters boundary at Albemarle Sound upstream to Roanoke Rapids Lake dam.

During the open season the daily creel limit for Striped Bass and its hybrids is two fish in the aggregate, the minimum size limit is

18 inches. No fish between 22 inches and 27 inches in length shall be retained in the daily creel limit. Only one fish larger than 27 inches may be retained in the daily creel limit.

(j) In designated inland fishing waters of Roanoke Sound,

Croatan Sound, Albemarle Sound, Chowan River, Currituck

Sound, Alligator River, Scuppernong River, and their tributaries

(excluding the Roanoke River and Cashie River and their tributaries), Striped Bass fishing season, size limits and creel limits are the same as those established by rules or proclamations of the Marine Fisheries Commission in adjacent joint or coastal fishing waters.

(k) The Executive Director may, by proclamation, suspend or extend the hook-and-line season for Striped Bass in the inland and joint waters of coastal rivers and their tributaries. It is unlawful to violate the provisions of any proclamation issued under this authority.


113-305;


15A NCAC 10C .0315 SUNFISH

(a) For purposes of this Rule, Sunfish include bluegill, redbreast, redear, pumpkinseed, warmouth, flier and all other species of the sunfish family (Centrarchidae) not specified in

15A NCAC 10C .0305, 15A NCAC 10C .0306 and 15A NCAC

10C .0311.

(b) There is no daily creel limit for Sunfish, except for waters identified in Paragraph (c) of this Rule. There is no minimum size limit for these fish. There is no closed season.

(c) In the following waters and all their tributaries, the daily creel limit for Sunfish is 30 in the aggregate, no more than 12 of which may be Redbreast Sunfish:

(1)

(2)

(3)

Roanoke River downstream of Roanoke

Rapids Dam;

Tar River downstream of Tar River Reservoir

Dam;

Neuse River downstream of Falls Lake Dam;

(4)

(5)

(6)

(7)

(8)

(9)

Haw River downstream of Jordan Lake Dam;

Deep River downstream of Lockville Dam;

Cape Fear River;

Waccamaw River downstream of Lake

Waccamaw Dam;

Lumber River including Drowning Creek; and all other public fishing waters east of Interstate

95, except Tar River Reservoir in Nash

County.



15A NCAC 10C .0316 TROUT

(a) The daily creel limit for trout in Hatchery-Supported Trout

Waters is seven fish. There is no minimum size limit for these fish. The open season is from 7 a.m. on the first Saturday in

April until March 1, except for waters designated in Paragraphs

(d) and (g) of this Rule.

(b) The daily creel limit for trout in Wild Trout Waters and

Wild Trout/Natural Bait Trout Waters is four fish. The minimum size limit for these fish is seven inches. There is no closed season.

(c) No trout may be harvested from Catch and Release/Artificial

Lures Only Trout Waters or Catch and Release/Artificial Flies

Only Trout Waters. Trout may not be possessed while fishing these waters.

(d) The daily creel limit for trout in Delayed Harvest Trout

Waters is seven fish. There is no minimum size limit for these fish. The Youth-only Delayed Harvest Trout Water Season is from 6 a.m. on the first Saturday in June until 12 p.m. that same day. During this season only individuals under the age of 16 may fish. From 12 p.m. on the first Saturday in June until September

30, the Delayed Harvest Trout Waters Season is open for all anglers. From October 1 to one-half hour after sunset on the

Friday before the first Saturday in June, trout may not be harvested or possessed while fishing these waters. Delayed

Harvest Trout Waters are closed to all fishing from one-half hour after sunset on the Friday before the first Saturday in June to 6 a.m. on the first Saturday in June.

(e) The daily creel limit for trout in Special Regulation Trout

Waters is seven fish. There is no minimum size limit for these fish, but only one may be greater than 14 inches. There is no closed season.

(f) The daily creel limit for trout in undesignated trout waters is seven fish. There is no minimum size limit for these fish. Trout may not be possessed while fishing these waters from March 1


1188

APPROVED RULES until 7 a.m. on the first Saturday in April, except waters designated in Paragraph (g) of this Rule.

(g) There is no closed season on taking trout from Linville

River within Linville Gorge Wilderness Area and the impounded waters of power reservoirs and municipally-owned water supply reservoirs open to the public for fishing.

(h) In designated Public Mountain Trout Waters the season for taking all species of fish is the same as the trout fishing season.

(i) All trout water designations and manners of take are set forth in 15A NCAC 10C .0205.



15A NCAC 10C .0317 WALLEYE

(a) The daily creel limit for Walleye is eight fish except for waters identified in Paragraphs (b) and (d) of this Rule. There is no minimum size limit for these fish except for waters identified in Paragraphs (c) and (d) of this Rule. There is no closed season.

(b) In Linville River upstream upstream from the NC 126 bridge, the daily creel limit for Walleye is four fish.

(c) In Lake James and its tributaries, except the Linville River upstream from the N.C. 126 bridge, the minimum size limit for walleye is 15 inches.

(d) In John H. Kerr Reservoir, Lake Gaston, and Roanoke

Rapids Lake, the daily creel limit is five fish and the minimum size limit for Walleye is 18 inches.



15A NCAC 10C .0318 WHITE BASS

The daily creel limit for White Bass is 25 fish. There is no minimum size limit for these fish. There is no closed season for

White Bass.



15A NCAC 10C .0319 WHITE PERCH

There is no daily creel limit and no minimum limit size for

White Perch. There is no closed season for White Perch.


113-305;


15A NCAC 10C .0320 YELLOW PERCH

There is no daily creel limit and no minimum size limit for

Yellow Perch. There is no closed season for Yellow Perch.


113-305;


15A NCAC 10F .0201 SAFETY EQUIPMENT

(a) Federal Regulations Adopted. As its regulations governing required equipment of vessels as defined in G.S. 75A-2(5), pursuant to G.S. 75A-6, the Wildlife Resources Commission incorporates by reference, including subsequent amendments and editions, the following federal regulations, to be applicable to vessels operated on all waters of this state as defined by G.S.

75A-2(6): Code of Federal Regulations, Title 46, Part 25, and

Title 33, Part 175, as supplemented by the Federal Register. To the extent that the vessel equipment requirements of G.S. 75A-6 conflict with these federal regulations, they are hereby modified to conform to the federal regulations as authorized by G.S. 75A-

6(m) and 113-307.

Without limitation to the adoption of the Federal regulations named herein, Paragraphs (b) through (g) apply to vessels operating in State waters.

(b) Personal flotation devices (hereinafter referred to as PFDs) are required as follows except as provided in Subparagraph (6) of this Paragraph:

(1) No person may operate a vessel unless at least one Type I, II or III PFD is on board and

(2) readily accessible for each person.

No person shall operate a vessel 16 feet or more in length unless one type IV PFD is on board and immediately available for use, in

(3) addition to the total number of PFDs required in Subparagraph (1) of this Paragraph.

No person shall operate a vessel while such vessel is underway with any child under 13 years old aboard unless each such child is:

(A)

(B) wearing an appropriate PFD approved by the Coast Guard; or below decks; or

(4)

(C) in an enclosed cabin.

This Subparagraph does not apply to a vessel that is registered as a commercial vessel.

A Type V PFD may be carried in lieu of any

PFD required under Subparagraph (1) of this

Paragraph provided:

(A) the approval label for the Type V

PFD indicates that the device is approved for the activity for which

(B) the vessel is used; or the Type V PFD is used in accordance with the requirements on

(5)

(6) the approval label and with the requirements in its owner’s manual.

No person shall operate a vessel unless each required PFD is:

(A)

(B)

(C) in serviceable condition; of appropriate size and fit for the intended wearer;

USCG approved; and

(D) legibly marked with its approval number, as specified in CFR Title 46

Part 25 and CFR Title 33 Part 175.

Exemptions:

(A) Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional Type IV PFD as specified in Subparagraph (b)(2) of this Rule.


1189


(B)

(C)

Sailboards, surfboards, tubes, swimming rafts, inflatable toys and similar devices routinely used as water toys or swimming aids are exempted from the requirements for carriage of any type PFD required under this Paragraph.

Manually propelled vessels such as racing shells, rowing sculls, racing canoes and racing kayaks that are recognized by national and international racing associations for use in competitive racing, that are not designed to carry any equipment not exempted from the requirements for carriage of any type PFD required under this Paragraph.

(c) Fire Extinguishers are required as follows:

(1) solely for competitive racing, and in which all occupants with the with exception of a coxswain, if one is provided, row, scull, or paddle, are

All motorboats shall carry at least the minimum number of USCG approved hand portable fire extinguishers specified in this

Rule if any one of the following conditions exist:

(2)

(3)

(A)

(B) closed compartments under thwarts and seats wherein portable fuel tanks may be stored; double bottoms not sealed to the hull or which are not completely filled with flotation material; closed living spaces; (C)

(D)

(E)

(F) closed stowage compartments in which combustible or flammable materials are stowed; permanently installed fuel tanks; or motorboats of Class 2 or longer.

Motorboats of Class A and 1 (less than 26 feet): One Type B-I

Motorboats of Class 2 Two Type B-I

(4)

(5) extinguishers

Motorboats of Class 3 Three Type B-I extinguishers

One Type B-II hand held fire extinguisher may be substituted for two B-I hand portable fire extinguishers. A fixed fire extinguishing system installed in the engine compartment is equal to one Type B-I hand portable fire extinguisher.

Exemption to fire extinguisher requirements: Open Vessels.

Vessels less than 26 feet in length, propelled by outboard motors and not carrying passengers for hire, need not carry such portable fire extinguishers if the construction of such motorboats will not permit the entrapment of explosive or flammable gases or vapors.

(d) Every engine, except outboard motors, using gasoline as fuel and installed in a vessel must be equipped with an acceptable means of backfire flame control. An acceptable means of backfire flame control must meet the requirements of CFR Title

46 Part 25 and CFR Title 33 Part 175.

(e) Every vessel, except those open vessels defined in Paragraph

(c) of this Rule, using as fuel any liquid of a volatile nature, shall be provided with such means of properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or flammable gases. Proper and efficient ventilation meets the requirements of CFR Title 46 Part

25 and CFR Title 33 Part 175.

(f) Sound Devices

(1) Vessels of less than 12 meters (39.4 feet) in length shall be equipped with some means of making an efficient sound signal; and

(2) Vessels equal to or greater than 12 meters

(39.4 feet) in length shall be provided with a whistle and a bell which complies with 33

USC 2033.

(g) Lights. The lights prescribed by this Paragraph shall be exhibited from sunset to sunrise and in fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar circumstances of restricted visibility. During such times no other lights shall be exhibited, except such lights as cannot be mistaken for the lights specified in these Rules or do not impair their visibility or distinctive character, or interfere with keeping a proper lookout. They may be exhibited in all other circumstances when deemed necessary:

(1) Vessels equal to or greater than 12 meters

(39.4 feet) but less than 20 meters (65.6 feet) in length shall exhibit:

(2)

(3)

(4)

(5)

(A)

(B)

A masthead light forward visible for three miles;

Sidelights, green to starboard and red to port visible for two miles; and

(C) A stern light visible for two miles;

Vessels less than 12 meters (39.4 feet) in length shall exhibit:

(A) An all-round white light visible for two miles; and

(B) Sidelights, green to starboard and red to port visible for 1 mile;

Sailing vessels underway that are seven meters

(23 feet) in length or greater shall exhibit:

(A) A stern light visible for two miles;

(B) and

Sidelights, green to starboard and red to port visible for two miles;

In a sailing vessel less than 20 meters in length the lights prescribed in Subparagraph (3) of this Paragraph may be combined in one lantern carried at or near the top of the mast where it can be best seen;

A sailing vessel of less than seven meters (23 feet) in length shall, if practicable, exhibit the lights prescribed in Subparagraph (3) or (4) of this Paragraph; if not the vessel shall have ready at hand an electric torch or lighted lantern showing a white light which shall be


1190


(6)

(7) exhibited in sufficient time to prevent a collision;

A vessel under oars may exhibit the lights prescribed in this Rule for sailing vessels; but if not, it shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent a collision; and

Vessels of 10 Horsepower or Less. On waters of this State not subject to the jurisdiction of the United States, vessels propelled by machinery of 10 horsepower or less, in lieu of the foregoing requirements, may carry from one-half hour after sunset to one-half hour before sunrise a white light in the stern or have on board a hand flashlight in good working condition which shall be ready at hand and shall be temporarily displayed in sufficient time to prevent collision. On waters of this

State that are subject to the jurisdiction of the

United States, this exception, though permissible under state law, is not sanctioned by any federal law or regulation.

History Note: Authority G.S. 75A-3; 75A-6; 113-307;


Amended Eff. November 1, 2013; April 1, 2009; March 1, 2008;

April 1, 1999; August 1, 1988; May 1, 1976.

TITLE 21 – OCCUPATIONAL LICENSING BOARDS AND

COMMISSIONS

CHAPTER 16 – BOARD OF DENTAL EXAMINERS

21 NCAC 16Q .0202 EQUIPMENT

(a) A dentist administering general anesthesia is solely responsible for providing that the environment in which the general anesthesia is to be administered meets the following requirements:

(1) The facility is equipped with:

(A) An operatory of size and design to permit access of emergency

(B)

(C) equipment and personnel and to permit effective emergency management;

A chair or table for emergency treatment, including chair suitable for

CPR or CPR Board;

Lighting as necessary for specific procedures; and

(2)

(D) Suction equipment as necessary for specific procedures, including nonelectrical back-up suction;

The following equipment is maintained:

(A) Positive pressure oxygen delivery system, including full face masks for adults and pediatric patients;

(3)

(4)

(5)

(6)

(B)

(C)

(D)

(E)

(F)

Oral and nasal airways of various sizes;

Blood pressure monitoring device;

Electrocardiograph;

Pulse oximeter; and

Defibrillator;

The following emergency equipment is maintained:

(A) I.V. set-up as necessary for specific procedures, including hardware and fluids;

(B)

(C)

(D)

(E)

Laryngoscope with current batteries;

Intubation forceps and endotracheal tubes;

Tonsillar suction with back-up suction;

Syringes as necessary for specific procedures;

(F)

(G)

Tourniquet & tape; and


The following drugs are maintained with a current shelf life and with access from the operatory and recovery room:

(A) Epinephrine;

(B)

(C)

(D)

Atropine;

Lidocaine;

Antihistamine;

(E)

(F)

(G)

(H)

(I)

(J)

(K)

(L)

(M)

Antihypertensive;

Bronchial dilator;

Antihypoglycemic agent;

Vasopressor;

Corticosteroid;

Anticonvulsant;

Muscle relaxant;

(N)

(O)

Appropriate reversal agents;

Appropriate anti-arrhythmic medication;

Nitroglycerine; and

Antiemetic;

Written emergency and patient discharge protocols and training to familiarize office personnel in the treatment of clinical emergencies are provided; and

The following records are maintained:

(A) Patient's current written medical history, including known allergies

(B)

(C) and previous surgery;

Base line vital signs, including blood pressure and pulse;

An anesthesia record which shall include:

(i) Periodic vital signs taken at intervals procedure; during the

(ii) Drugs administered during the procedure, including route of administration, dosage, time and sequence of administration;


1191


(iii)

(iv)

(v)

Duration of the procedure;

Documentation of complications or morbidity; and

Status of patient upon discharge.

(b) During an inspection or evaluation, the applicant or permit holder shall demonstrate the administration of anesthesia while the evaluator observes. During the demonstration, the applicant or permit holder shall demonstrate competency in the following areas:

(1)

(2)

(3)

Monitoring of blood pressure, pulse, and respiration;

Drug dosage and administration;

(4)

(5)

Treatment of untoward reactions including respiratory or cardiac depression;

Sterilization;

Use of CPR certified personnel;

(6)

(7)

Monitoring of patient during recovery; and

Sufficiency of patient recovery time.

(c) During an inspection or evaluation, the applicant or permit holder shall verbally demonstrate competency to the evaluator in the treatment of the following clinical emergencies:

(1) Laryngospasm;

(2)

(3)

(4)

Bronchospasm;

Emesis and aspiration;

Respiratory depression and arrest;

(5)

(6)

(7)

Angina pectoris;

Myocardial infarction;

Hypertension/Hypotension;

(8)

(9)

Syncope;

Allergic reactions;

(10) Convulsions;

(11) Bradycardia;

(12) Insulin shock; and

(13) Cardiac arrest.

(d) A dentist administering general anesthesia shall ensure that the facility is staffed with auxiliary personnel who shall document annual successful completion of basic life support training and be capable of assisting with procedures, problems, and emergency incidents that may occur as a result of the general anesthetic or secondary to an unexpected medical complication.

History Note: Authority G.S. 90-28; 90-30.1; 90-48;

Effective February 1, 1990;

Amended Eff. November 1, 2013; August 1, 2002; August 1,

2000.

21 NCAC 16Q .0302

AND EQUIPMENT

CLINICAL REQUIREMENTS

(a) A dentist administering moderate conscious sedation or moderate pediatric conscious sedation or supervising the administration of moderate conscious sedation or moderate pediatric conscious sedation by a certified registered nurse anesthetist shall ensure that the facility in which the sedation is to be administered meets the following requirements:

(1) The facility is equipped with:

(2)

(3)

(4)

(5)

(6)

(A)

(B)

An operatory of size and design to permit access of emergency equipment and personnel and to permit effective emergency management;

A CPR Board or a dental chair

(C)

(D) specific procedures, including nonelectrical back-up suction.

The following equipment is maintained:

(A) without enhancements, suitable for providing emergency treatment;

Lighting as necessary for specific procedures; and

Suction equipment as necessary for

Positive oxygen delivery system, including full face masks for adults and pediatric patients and back-up Ecylinder portable oxygen tank apart

(B)

(C)

(D)

(E)

Pulse oximeter; and

Automatic External Defibrillator

(AED).

The following emergency equipment is maintained:

(A) from the central system;

Oral and nasal airways of various sizes;


I.V. set-up as necessary for specific procedures, including hardware and fluids, if anesthesia is intravenous;

(B) Syringes as necessary for specific procedures; and

(C) Tourniquet and tape.

The following drugs are maintained with a current shelf life and with access from the operatory and recovery area:

(A)

(B)

(C)

Epinephrine;

Atropine;

Appropriate reversal agents;

(D)

(E)

(F)

Antihistamine;

Corticosteroid;

Nitroglycerine;

(G)

(H)

Bronchial dilator;

Antiemetic; and

(I) 50% Dextrose.

Written emergency and patient discharge protocols are maintained and training to familiarize office personnel in the treatment of clinical emergencies is provided; and

The following records are maintained for at least 10 years:

(A) Patient's current written medical history, including known allergies and previous surgery;

(B) Drugs administered during the procedure, including route of administration, dosage, strength, time and sequence of administration;


1192


(C) A sedation record which shall include:

(i)

(ii)

(iii)

(iv)

(v) blood pressure; pulse rate; respiration; duration of procedure;

(vi) documentation of complications or morbidity; and status of patient upon discharge.

(b) During an inspection or evaluation, the applicant or permit holder shall demonstrate the administration of moderate conscious sedation on a patient, or where applicable, moderate pediatric conscious sedation on a patient, including the deployment of an intravenous delivery system, while the evaluator observes. Practices limited to pediatric dentistry will not be required to demonstrate the deployment of an intravenous delivery system. Instead, they will orally describe to the evaluator the technique of their training in intravenous and intraosseous deployment. During the demonstration, the applicant or permit holder shall demonstrate competency in the following areas:

(1)

(2)

(3)

Monitoring blood pressure, pulse, and respiration;

Drug dosage and administration;

Treatment of untoward reactions including

(4)

(5) respiratory or cardiac depression, if applicable;

Sterile technique;

Use of CPR certified personnel;

(6)

(7)

Monitoring of patient during recovery; and

Sufficiency of patient recovery time.

(c) During an inspection or evaluation, the applicant or permit holder shall verbally demonstrate competency to the evaluator in the treatment of the following clinical emergencies:

(1) Laryngospasm;

(2)

(3)

(4)

Bronchospasm;

Emesis and aspiration;

Respiratory depression and arrest;

(5)

(6)

(7)

Angina pectoris;

Myocardial infarction;

Hypertension/Hypotension;

(8)

(9)

Allergic reactions;

Convulsions;

(10) Syncope;

(11) Bradycardia;

(12) Insulin shock; and

(13) Cardiac arrest.

(d) A dentist administering moderate conscious sedation or moderate pediatric conscious sedation shall ensure that the facility is staffed with sufficient auxiliary personnel for each procedure performed who shall document annual successful completion of basic life support training and be capable of assisting with procedures, problems, and emergency incidents that may occur as a result of the sedation or secondary to an unexpected medical complication.



Amended Eff. August 1, 2002; August 1, 2000;

Temporary Amendment Eff. December 11, 2002;

Amended Eff. November 1, 2013; July 1, 2010; July 3, 2008;

August 1, 2004.

21 NCAC 16Q .0304

PERMITS

OFF SITE USE OF SEDATION

(a) Upon request, the holder of a moderate pediatric conscious sedation or moderate conscious sedation permit may travel to the office of a licensed dentist who does not hold such a permit and provide sedation services at the level for which the traveling dentist holds a valid permit, as well as minimal sedation or moderate conscious sedation limited to oral routes for the patients of that dentist who are undergoing dental procedures.

The permit holder is solely responsible for providing that the facility in which the sedation is administered meets the requirements established by the Board, that the required drugs and equipment are present, and that the permit holder utilizes sufficient auxiliary personnel for each procedure performed based on the standard of care who shall document annual successful completion of basic life support training and be capable of assisting with procedures, problems, and emergency incidents that may occur as a result of the sedation or secondary to an unexpected medical complication.

(b) Holders of moderate conscious sedation permits limited to oral routes and nitrous oxide inhalation may not provide sedation at the office of a licensed dentist who does not hold an appropriate sedation permit.


Recodified from 21 NCAC 16Q .0302(e)(f), Eff. November 1,

2013.

21 NCAC 16Q .0501

REQUIRED

ANNUAL RENEWAL

(a) General anesthesia and all sedation permits shall be renewed by the Board annually. Such renewal shall be accomplished in conjunction with the license renewal process, and applications for permits shall be made at the same time as applications for renewal of licenses. A one hundred ($100.00) annual renewal fee shall be paid at the time of renewal.

(b) All sedation permits shall be subject to the same renewal deadlines as are dental practice licenses, in accordance with G.S.

90-31. If the permit renewal application is not received by the date specified in G.S. 90-31, continued administration of general anesthesia or any level of conscious sedation shall be unlawful and shall subject the dentist to the penalties prescribed by

Section .0700 of this Subchapter.

(c) As a condition for renewal of the general anesthesia permit, the permit holder shall meet the requirements of 21 NCAC 16Q

.0202 and document current, successful completion of advanced cardiac life support (ACLS) training, or its age-specific equivalent or other equivalent course, and auxiliary personnel shall document annual, successful completion of basic life support (BLS) training.

(d) As a condition for renewal of the moderate conscious sedation permit or moderate pediatric conscious sedation permit,


1193

APPROVED RULES the permit holder shall meet the requirements of 21 NCAC 16Q

.0302 and:

(1) document annual, successful completion of

BLS training and obtain three hours of continuing education each year in one or more of the following areas, which may be counted toward fulfillment of the continuing education required each calendar year for license renewal:

(A) sedation;

(B) medical emergencies;

(C)

(D) monitoring IV sedation and the use of monitoring equipment; pharmacology of drugs and agents

(2)

(E)

(F) used in IV sedation; physical evaluation, risk assessment, or behavioral management; audit ACLS/Pediatric Advanced Life

(G)

Support (PALS) courses; and airway management; or document current, successful completion of

ACLS training or its age-specific equivalent, or other equivalent course and annual successful completion of BLS.

(e) moderate pediatric conscious sedation permit holders must have current PALS at all times.

(f) As a condition for renewal of the minimal conscious sedation permit and the moderate conscious sedation permit limited to oral routes and nitrous oxide inhalation, the permit holder shall meet the requirements of 16Q .0402 and shall document annual, successful completion of BLS training and obtain six hours of continuing education every two years in one or more of the following areas, which may be counted toward fulfillment of the continuing education required each calendar year for license renewal:

(1)

(2)

(3) pediatric or adult sedation; medical emergencies; monitoring sedation and the use of monitoring equipment;

(4) pharmacology of drugs and agents used in sedation; physical evaluation, risk assessment, or (5)

(6)

(7) behavioral management; or audit ACLS/PALS courses; and airway management.

(g) Any dentist who fails to renew a general anesthesia or sedation permit on or before March 31 of each year must complete a reinstatement application, pay the one hundred dollar

($100.00) renewal fee and a one hundred dollar ($100.00) penalty and comply with all conditions for renewal set out in this

Rule for the permit sought. Dentists whose anesthesia or sedation permits have been lapsed for more than 12 calendar months must pass a facilities inspection as part of the reinstatement process.



Amended Eff. August 1, 2002;

Transferred and Recodified from 16Q .0401 to 16Q .0501;

Temporary Amendment Eff. December 11, 2002;

Amended Eff. November 1, 2013; July 3, 2008; August 1, 2004.

* * * * * * * * * * * * * * * * * * * * *

CHAPTER 22 - HEARING AID DEALERS AND FITTERS

BOARD

21 NCAC 22I .0103

HEARING TEST

VISUAL INSPECTION AND

(a) All licensees and registered apprentices shall make a visual inspection of the external auditory canal and the tympanic membrane, using a device having its own light source in order to fulfill the requirements of 21 CFR 801.420 concerning the warning to hearing aid dispensers.

(b) All licensees and registered apprentices shall conduct a hearing test using an audiometer, the calibration for which is on file at the Board office, or equivalent physiologic testing.

(c) A hearing test shall be conducted within 90 days prior to the dispensing of a hearing aid and a copy of the hearing test shall be maintained for a period of at least three years.

(d) The hearing test shall be conducted in an environment conducive to obtaining accurate results and shall include the following, unless physiologic testing is utilized:

(1) live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing; and

(2) pure tone audiometry, including air conduction testing and bone conduction testing as follows:

(A) air conduction testing at least at the

(B)

(C) following frequencies: 500 Hz, 1000

Hz, 2000 Hz, 3000Hz, and 4000 Hz; mid-octave air conduction testing performed when there is a 20 dB or greater difference between any adjacent octaves; bone conduction testing at least at the following frequencies: 500 Hz, 1000

Hz, 2000 Hz, and 4000 Hz; and

(D) effective masking, if audiometric testing reveals a difference between the ears at any one frequency equal to or greater than 40 decibels or if there is audiometric air-bone gap of 15 dB or greater.

(e) All licensees and registered apprentices shall evaluate dispensed products to determine effectiveness and shall maintain documentation of the verification for a period of at least three years. Measures of evaluation shall include at least one of the following:

(1)

(2)

(3) sound field measurements; real ear measurements; or client evaluation sheets.

History Note: Authority G.S. 93D-3(c);

Eff. April 23, 1976;

Amended Eff. November 1, 2013; April 1, 2013; April 1, 1989;

May 1, 1988.


1194


* * * * * * * * * * * * * * * * * * * * *

CHAPTER 32 – MEDICAL BOARD

21 NCAC 32B .1350 REINSTATEMENT OF

PHYSICIAN LICENSE

(a) Reinstatement is for a physician who has held a North

Carolina License, but whose license either has been inactive for more than one year, or whose license became inactive as a result of disciplinary action (revocation or suspension) taken by the

Board. It also applies to a physician who has surrendered a license prior to charges being filed by the Board.

(b) All applicants for reinstatement shall:

(1) submit a completed application, attesting under oath or affirmation that information on the application is true and complete, and authorizing the release to the Board of all information pertaining to the application;

(2)

(3) submit documentation of a legal name change, if applicable; supply a certified copy of applicant's birth certificate if the applicant was born in the

United States or a certified copy of a valid and unexpired US passport. If the applicant does not possess proof of U.S. citizenship, the applicant must provide information about applicant's immigration and work status which

(4)

(5)

(6)

(7)

(8)

(9) the Board will use to verify applicant's ability to work lawfully in the United States;

If a graduate of a medical school other than those approved by LCME, AOA, COCA or

CACMS, shall furnish an original ECFMG certification status report of a currently valid certification of the ECFMG. The ECFMG certification status report requirement shall be waived if:

(A) the applicant has passed the ECFMG examination and successfully completed an approved Fifth Pathway

(B) program (original ECFMG score transcript from the ECFMG required); or the applicant has been licensed in another state on the basis of a written examination before the establishment of the ECFMG in 1958; submit the AMA Physician Profile; and, if applicant is an osteopathic physician, also submit the AOA Physician Profile; submit a NPDB/HIPDB report dated within 60 days of the application's submission; submit a FSMB Board Action Data Bank report; submit documentation of CME obtained in the last three years, upon request; submit two completed fingerprint cards supplied by the Board;

(10) submit a signed consent form allowing a search of local, state, and national files to disclose any criminal record;

(11) provide two original references from persons with no family or material relationship to the applicant. These references must be:

(A)

(B)

(C) from physicians who have observed the applicant's work in a clinical environment within the past three years; on forms supplied by the Board;

(D) dated within six months of submission of the application; and bearing the original signature of the author;

(12) pay to the Board a non-refundable fee pursuant to G.S. 90-13.1(a), plus the cost of a criminal background check; and

(13) upon request, supply any additional information the Board deems necessary to evaluate the applicant's qualifications.

(c) In addition to the requirements of Paragraph (b) of this Rule, the applicant shall submit proof that the applicant has:

(1) within the past 10 years taken and passed either:

(A) an exam listed in G.S. 90-10.1 (a state board licensing examination; NBME;

NBOME; USMLE; FLEX;

COMLEX; or MCCQE or their successors);

(2)

(B)

(C) within the past ten years:

(A) obtained certification or recertification of CAQ by a specialty board recognized by the ABMS,

CCFP, FRCP, FRCS or AOA; or

(B)

SPEX (with a score of 75 or higher); or

COMVEX (with a score of 75 or higher); met requirements for ABMS MOC

(maintenance or certification) or

AOA OCC (Osteopathic continuous

(3)

Certification); within the past 10 years completed GME approved by ACGME, CFPC, RCPSC or

AOA; or

(4) within the past three years completed CME as required by 21 NCAC 32R .0101(a), .0101(b), and .0102.

(d) All reports must be submitted directly to the Board from the primary source, when possible.

(e) An applicant shall be required to appear in person for an interview with the Board or its agent to evaluate the applicant's competence and character if the Board needs more information to complete the application.

(f) An application must be complete within one year of submission. If not, the applicant shall be charged another application fee plus the cost of another criminal background check.


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History Note: Authority G.S. 90-8.1; 90-9.1; 90-10.1; 90-

13.1;


Amended Eff. November 1, 2013; November 1, 2011.

21 NCAC 32B .1402 APPLICATION FOR

RESIDENT'S TRAINING LICENSE

(a) In order to obtain a Resident's Training License, an applicant shall:

(1) submit a completed application, attesting under oath or affirmation that the information on the application is true and complete, and authorizing the release to the Board of all information pertaining to the application;

(2)

(3)

(4) submit documentation of a legal name change, if applicable; submit a photograph, two inches by two inches, affixed to the oath or affirmation which has been attested to by a notary public; submit proof on the Board's Medical

Education Certification form that the applicant has completed at least 130 weeks of medical

(5)

(6) education.

If a graduate of a medical school other than those approved by LCME, AOA, COCA or

CACMS, furnish an original ECFMG certification status report of a currently valid certification of the ECFMG. The ECFMG certification status report requirement shall be waived if:

(A) the applicant has passed the ECFMG examination and successfully completed an approved Fifth Pathway program (original ECFMG score

(B) transcript from the ECFMG required); or the applicant has been licensed in another state on the basis of a written examination before the establishment of the ECFMG in 1958; submit an appointment letter from the program director of the GME program or his appointed

(7)

(8) agent verifying the applicant's appointment and commencement date; submit two completed fingerprint record cards supplied by the Board; submit a signed consent form allowing a search of local, state, and national files for any criminal record; pay a non-refundable fee pursuant to G.S. 90(9)

13.1(b), plus the cost of a criminal background check;

(10) provide proof that the applicant has taken and passed:

(A) the COMLEX Level 1 within three attempts and each component of

COMLEX Level 2 (cognitive evaluation and performance evaluation) within three attempts; or

(B) the USMLE Step 1 within three attempts and each component of the

USMLE Step 2 (Clinical Knowledge and Clinical Skills) within three attempts; and

(11) upon request, supply any additional information the Board deems necessary to evaluate the applicant's competence and character.

(b) An applicant shall be required to appear in person for an interview with the Board or its agent to evaluate the applicant's competence and character, if the Board needs more information to complete the application.

History Note: Authority G.S. 90-8.1; 90-12.01; 90-13.1;


Amended Eff. November 1, 2013; August 1, 2012; November 1,

2011.

21 NCAC 32B .1502 APPLICATION FOR MEDICAL

SCHOOL FACULTY LICENSE

(a) The Medical School Faculty License is limited to physicians who have expertise which can be used to help educate North

Carolina medical students, post-graduate residents and fellows but who do not meet the requirements for Physician licensure.

(b) In order to obtain a Medical School Faculty License, an applicant shall:

(1) submit a completed application, attesting under oath or affirmation that the information on the application is true and complete, and

(2)

(3)

(4)

(5)

(6) authorizing the release to the Board of all information pertaining to the application; submit the Board's form, signed by the Dean or his appointed representative, indicating that the applicant has received full-time appointment as either a lecturer, assistant professor, associate professor, or full professor at a medical school in the state of North

Carolina; submit documentation of a legal name change, if applicable; submit a photograph, two inches by two inches, affixed to the oath or affirmation which has been attested to by a notary public; submit proof on the Board's Medical

Education Certification form that the applicant has completed at least 130 weeks of medical education. However, the Board shall waive the 130 week requirement if the applicant has been certified or recertified by an ABMS,

DDFP, FRCP, FRCS or AOA approved specialty board within the past 10 years; supply a certified copy of applicant's birth certificate or a certified copy of a valid and unexpired US passport if the applicant was born in the United States. If the applicant does not possess proof of US citizenship, the applicant must provide information about applicant's immigration and work status which


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(7) the Board will use to verify applicant's ability to work lawfully in the United States; submit proof of satisfactory completion of at least one year of GME approved by ACGME,

CFPC, RCPSC, or AOA; or evidence of other education, training or experience, determined

(8) by the Board to be equivalent; submit reports from all medical or osteopathic boards from which the applicant has ever held a medical or osteopathic license, indicating the status of the applicant's license and whether or not any action has been taken against the license; submit an AMA Physician Profile; and, if (9) applicant is an osteopathic physician, submit an AOA Physician Profile;

(10) submit a NPDB report, HIPDB report, dated within 60 days of applicant's oath;

(11) submit a FSMB Board Action Data Bank report;

(12) submit two completed fingerprint record cards supplied by the Board;

(13) submit a signed consent form allowing a search of local, state, and national files to disclose any criminal record;

(14) provide two original references from persons with no family or marital relationship to the applicant. These letters must be:

(A) from physicians who have observed the applicant's work in a clinical

(B)

(C) environment within the past three years; on forms supplied by the Board; dated within six months of the

(D) applicant's oath; and bearing the original signature of the writer.

(15) pay to the Board a non-refundable fee pursuant to G.S. 90-13.1(a), plus the cost of a criminal background check; and


(c) All reports must be submitted directly to the Board from the primary source, when possible.

(d) An applicant may be required to appear in person for an interview with the Board or its agent to evaluate the applicant's competence and character.

(e) An application must be completed within one year of the date of the applicant's oath.

(f) This Rule applies to licenses granted after the effective date of this Rule.

History Note: Authority G.S. 90-12.3; 90-13.2;

Eff. June 28, 2011;


21 NCAC 32B .1602 SPECIAL PURPOSE LICENSE

(a) The Special Purpose License is for physicians who wish to come to North Carolina for a limited time, scope and purpose, such as to demonstrate or learn a new technique, procedure or piece of equipment, or to educate physicians or medical students.

(b) In order to obtain a Special Purpose License, an applicant shall:

(1) submit a completed application, attesting under oath that the information on the application is true and complete, and authorizing the release to the Board of all

(2)

(3)

(4) information pertaining to the application; submit a recent photograph, at least two inches by two inches, affixed to the oath, and attested by a notary public; submit documentation of a legal name change, if applicable; supply a certified copy of applicant's birth

(5)

(6) certificate if the applicant was born in the

United States or a certified copy of a valid and unexpired US passport. If the applicant does not possess proof of U.S. citizenship, the applicant must provide information about applicant's immigration and work status which the Board will use to verify applicant's ability to work lawfully in the United States; comply with all requirements of G.S. 90-

12.2A; submit the Board's form, completed by the mentor, showing that the applicant has received an invitation from a medical school, medical practice, hospital, clinic or physician licensed in the state of North Carolina, outlining the need for the applicant to receive a

(7) special purpose license and describing the circumstances and timeline under which the applicant will practice medicine in North

Carolina; submit an AMA Physician Profile and, if applicant is an osteopathic physician, also submit AOA Physician Profile; submit an FSMB Board Action Data Bank (8)

(9) report; submit two completed fingerprint record cards supplied by the Board;

(10) submit a signed consent form allowing a search of local, state, and national files for any criminal record;

(11) pay to the Board a non-refundable fee pursuant to G.S. 90-13.1(a), plus the cost of a criminal background check;


(c) All reports must be submitted directly to the Board from the primary source, when possible.


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(e) An application must be completed within one year of submission. If not, the applicant shall be charged another application fee, plus the cost of another criminal background check.

History Note: Authority G.S. 90-8.1; 90-9.1; 90-12.2A; 90-

13.1;



21 NCAC 32B .1701 SCOPE OF PRACTICE UNDER

LIMITED VOLUNTEER LICENSE AND RETIRED

LIMITED VOLUNTEER LICENSE

The holder of a Limited Volunteer License or a Retired

Volunteer Limited License may practice medicine and surgery only at clinics that specialize in the treatment of indigent patients, and may not receive any compensation for services rendered, either direct or indirect, monetary, in-kind, or otherwise for the provision of medical services.

History Note: Authority G.S. 90-8.1; 90-12.1A;



21 NCAC 32B .1702 APPLICATION FOR LIMITED

VOLUNTEER LICENSE

(a) The Limited Volunteer License is available to physicians who hold an active license in a state or jurisdiction other than

North Carolina, and who wish to volunteer at civilian indigent clinics.

(b) In order to obtain a Limited Volunteer License, an applicant shall:

(1) submit a completed application, attesting under oath or affirmation that the information on the application is true and complete, and authorizing the release to the Board of all information pertaining to the application;

(2)

(3)

(4) submit a photograph, two inches by two inches, affixed to the oath or affirmation attested to by a notary public; submit documentation of a legal name change, if applicable; submit proof of active licensure from another state or jurisdiction indicating the status of the

(5)

(6) license and whether or not any action has been taken against the license; submit a certified copy of applicant's birth certificate if the applicant was born in the

United States or a certified copy of a valid and unexpired US passport. If the applicant does not possess proof of U.S. citizenship, the applicant must provide information about applicant's immigration and work status which the Board will use to verify applicant's ability to work lawfully in the United States; submit a NPDB report, dated within 60 days of submission of the application;

(7)

(8)

(9) submit a FSMB Board Action Data Bank report; submit two completed fingerprint record cards supplied by the Board; submit a signed consent form allowing a search of local, state, and national files for any criminal record;

(10) pay to the Board a non-refundable fee pursuant to G.S. 90-13.1(a) to cover the cost of a criminal background check;


(c) All materials must be submitted directly to the Board from the primary source, when possible.


(e) An application must be completed within one year of the date of submission.




21 NCAC 32B .1704 APPLICATION FOR RETIRED

LIMITED VOLUNTEER LICENSE

(a) The Retired Limited Volunteer License is available to physicians who have been licensed in North Carolina or another state or jurisdiction, have an inactive license, and who wish to volunteer at indigent clinics.

(b) An applicant who has never held a North Carolina license but held an active license in another state or jurisdiction, which is currently inactive, shall:

(1) submit a completed application, attesting under oath or affirmation that the information on the application is true and complete, and authorizing the release to the Board of all

(2)

(3)

(4) information pertaining to the application; submit a photograph, two inches by two inches, affixed to the oath or affirmation which has been attested to by a notary public; submit documentation of a legal name change, if applicable; supply a certified copy of applicant's birth

(5) certificate if the applicant was born in the

United States or a certified copy of a valid and unexpired US passport. If the applicant does not possess proof of U.S. citizenship, the applicant must provide information about applicant's immigration and work status which the Board will use to verify applicant's ability to work lawfully in the United States; submit proof of licensure from another state or jurisdiction indicating the status of the license and whether or not any action has been taken against the license;


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(6)

(7) submit two completed fingerprint record cards supplied by the Board; submit a signed consent form allowing a search of local, state and national files for any criminal record; pay to the Board a non-refundable fee pursuant (8)

(9) to G.S. 90-13.1(a) to cover the cost of a criminal background check; submit a FSMB Board Action Data Bank report;

(10) submit a NPDB report, dated within 60 days of submission of the application;


(13) All materials must be submitted to the Board from the primary source, when possible.

(c) An applicant who holds an active North Carolina physician license may convert that to a Retired Limited Volunteer License by completing the Application for Retired Volunteer License.

(d) An applicant who held a North Carolina license which has been inactive less than six months may convert to a Retired

Limited Volunteer License by completing the Application for

Retired Volunteer License.

(e) An applicant who held a North Carolina license which has been inactive for more than six months but less than two years shall meet the requirements set forth in 21 NCAC 32B .1360.

(f) An applicant who held a North Carolina license which has been inactive for more than two years shall meet the requirements set forth at 21 NCAC 32B .1350.

(g) A physician who has been out of practice for more than two years will be required to complete a reentry program as set forth in 21 NCAC 32B .1370.

(h) An applicant may be required to appear in person for an interview with the Board or its agent to evaluate the applicant's competence and character.

(i) An application must be completed within one year of the date of submission.




21 NCAC 32B .2001 EXPEDITED APPLICATION

FOR PHYSICIAN LICENSE

(a) A specialty board-certified physician who has been licensed in at least one other state, the District of Columbia, U.S. territory or Canadian province for at least five years, has been in active clinical practice the past two years; and who has a clean license application, as defined in Paragraph (c) of this Rule may apply for a license on an expedited basis.

(b) An applicant for an expedited Physician License shall:

(1) complete the Board's application form, attesting under oath or affirmation that the information on the application is true and complete, and authorizing the release to the

Board of all information pertaining to the application;

(2)

(3)

(4) submit documentation of a legal name change, if applicable; on the Board's form, submit a photograph taken within the past year, two inches by two inches, attested to or affirmed by the applicant as a true likeness of the applicant before a notary public; supply a certified copy of applicant's birth certificate if the applicant was born in the

United States or a certified copy of a valid and unexpired US passport. If the applicant does not possess proof of U.S. citizenship, the applicant must provide information about applicant's immigration and work status which the Board will use to verify applicant's ability to work lawfully in the United States;

(Note: there may be some applicants who are not present in the U.S. and who do not plan to

(5) practice physically in the U.S. Those applicants shall submit a statement to that effect); provide proof that applicant has held an active

(6)

(7) license to practice medicine in at least one other state, the District of Columbia, U.S.

Territory or Canadian province for at least five years immediately preceding this application; provide proof of clinical practice providing patient care for an average of 20 hours or more per week, for at least the last two years; provide proof of:

(A) current certification or current recertification by an ABMS, CCFP,

FRCP, FRCS, or AOA approved specialty board obtained within the

(B)

(C) past 10 years; or obtained certification or recertification of CAQ by a specialty board recognized by the ABMS,

CCFP, FRCP, FRCS or AOA; or met requirements for ABMS MOC

(maintenance of certification) or

AOA OCC (Osteopathic continuous

(8)

Certification); submit an AMA Physician Profile; and, if applicant is an osteopathic physician submit an

AOA Physician Profile;

(9) submit a NPDB/HIPDB report dated within 60 days of the applicant's oath;

(10) submit a FSMB Board Action Data Bank report;

(11) submit two completed fingerprint record cards supplied by the Board;

(12) submit a signed consent form allowing a search of local, state and national files to disclose any criminal record;

(13) pay to the Board a non-refundable fee pursuant to G.S. 90-13.1(a) of three hundred fifty dollars ($350.00), plus the cost of a criminal background check; and


1199


(14) upon request, supply any additional information the Board deems necessary to evaluate the applicant's qualifications.

(c) A clean license application means that the physician has none of the following:

(1) professional liability insurance claim(s) or

(2)

(3)

(4) payment(s); criminal record; medical condition(s) which could affect the physician's ability to practice safely; regulatory board complaint(s), investigation(s), or action(s) (including applicant's withdrawal of a license application);

(5)

(6)

(7) adverse action taken by a health care institution; investigation(s) or action(s) taken by a federal agency, the U.S. military, medical societies or associations; suspension or expulsion from any school, including medical school. graduation from any United States or Canadian (8)

(9) medical school that is not LCME or CACMS approved; or has passed no licensing examination other than

Puerto Rico Written Examination/Revalida.

(d) All reports must be submitted directly to the Board from the primary source, when possible.

(e) The application process must be completed within one year of the date on which the application fee is paid. If not, the applicant shall be charged a new applicant fee.

History Note: Authority G.S. 90-9.1; 90-5; 90-11; 90-13.1;



21 NCAC 32M .0104 PROCESS FOR APPROVAL TO

PRACTICE

(a) Prior to the performance of any medical acts, a nurse practitioner shall:

(1) meet registration requirements as specified in

21 NCAC 32M .0103;

(2)

(3)

(4) submit an application for approval to practice; submit any additional information necessary to evaluate the application as requested; and have a collaborative practice agreement with a primary supervising physician.

(b) A nurse practitioner seeking approval to practice who has not practiced as a nurse practitioner in more than two years shall complete a nurse practitioner refresher course approved by the

Board of Nursing in accordance with Paragraphs (o) and (p) of

21 NCAC 36 .0220 and consisting of common conditions and their management directly related to the nurse practitioner's area of education and certification. A nurse practitioner refresher course participant shall be granted an approval to practice that is limited to clinical activities required by the refresher course.

(c) The nurse practitioner shall not practice until notification of approval to practice is received from the Board of Nursing after both Boards have approved the application.

(d) The nurse practitioner's approval to practice is terminated when the nurse practitioner discontinues working within the approved nurse practitioner collaborative practice agreement or experiences an interruption in her or his registered nurse licensure status, and the nurse practitioner shall so notify the

Board of Nursing in writing. The Boards shall extend the nurse practitioner's approval to practice in cases of emergency such as sudden injury, illness or death of the primary supervising physician.

(e) Applications for approval to practice in North Carolina shall be submitted to the Board of Nursing and then approved by both

Boards as follows:

(1) the Board of Nursing shall verify compliance with Rule .0103 of this Subchapter and

(2)

Paragraph (a) of this Rule; and the Medical Board shall verify that the designated primary supervising physician holds a valid license to practice medicine in

North Carolina and compliance with

Paragraph (a) of this Rule.

(f) Applications for approval of changes in practice arrangements for a nurse practitioner currently approved to practice in North Carolina shall be submitted by the applicants as follows:

(1) addition or change of primary supervising physician shall be submitted to the Board of

Nursing and proceed pursuant to protocols

(2) developed by both Boards; and request for change(s) in the scope of practice shall be submitted to the Joint Subcommittee.

(g) A registered nurse who was previously approved to practice as a nurse practitioner in this state who reapplies for approval to practice shall:

(1) meet the nurse practitioner approval requirements as stipulated in Rule .0108(c) of this Subchapter; and

(2) complete the appropriate application.

(h) Volunteer Approval to Practice. The North Carolina Board of Nursing shall grant approval to practice in a volunteer capacity to a nurse practitioner who has met the qualifications to practice as a nurse practitioner in North Carolina.

(i) The nurse practitioner shall pay the appropriate fee as outlined in Rule .0115 of this Subchapter.

(j) A Nurse Practitioner approved under this Subchapter shall keep proof of current licensure, registration and approval available for inspection at each practice site upon request by agents of either Board.

History Note: Authority G.S. 90-18(c)(14); 90-18.2; 90-

171.20(7); 90-171.23(b); 90-171.42;


Paragraph (b)(1) was recodified from 21 NCAC 32M .0104 Eff.

January 1, 1996;

Amended Eff. December 1, 2006; May 1, 1999; January 1, 1996;

Recodified from 21 NCAC 32M .0103 Eff. August 1, 2004;

Amended Eff. November 1, 2013; January 1, 2013; December 1,

2009; November 1, 2008; January 1, 2007; August 1, 2004.


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21 NCAC 32M .0108 INACTIVE STATUS

(a) Any nurse practitioner who wishes to place her or his approval to practice on an inactive status shall notify the Board of Nursing in writing.

(b) A nurse practitioner with an inactive approval to practice status shall not practice as a nurse practitioner.

(c) A nurse practitioner with an inactive approval to practice status who reapplies for approval to practice shall meet the qualifications for approval to practice in Rules .0103(a)(1),

.0104(a) and (b), .0107, and .0110 of this Subchapter and receive notification from the Board of Nursing of approval prior to beginning practice after the application is approved by both

Boards.

(d) A nurse practitioner who has not practiced as a nurse practitioner in more than two years shall complete a nurse practitioner refresher course approved by the Board of Nursing in accordance with Paragraphs (o) and (p) of 21 NCAC 36 .0220 and consisting of common conditions and management of these conditions directly related to the nurse practitioner's area of education and certification. A nurse practitioner refresher course participant shall be granted an approval to practice that is limited to clinical activities required by the refresher course.



2009; December 1, 2006; August 1, 2004; May 1, 1999.

21 NCAC 32S .0209 EXEMPTION FROM LICENSE

Nothing in this Subchapter shall be construed to require licensure for:

(1)

(2)

(3) a student enrolled in a Physician Assistant

Educational Program accredited by the

Commission on Accreditation of Allied Health

Education Programs or its successor organizations; a physician assistant employed by the federal government while performing duties incident to that employment; or an agent or employee of a physician who performs delegated tasks in the office of a physician but who is not rendering services as a physician assistant and identifying him/herself as a physician assistant.

History Note: Authority G.S. 90-9.3; 90-18(c)(13); 90-18.1;

History Note: Authority G.S. 90-18(c)(14); 90-18.2; 90-

171.36;

Eff. September 1, 2009;


* * * * * * * * * * * * * * * * * * * * *

CHAPTER 34 – BOARD OF FUNERAL SERVICE

21 NCAC 34A .0201 FEES AND OTHER PAYMENTS

(a) Fees for funeral service shall be as follows:

Establishment permit

Application

Annual renewal

Late renewal fee

Establishment and embalming facility reinspection fee

Courtesy card

Application

Annual renewal

Out-of-state licensee

Application

Embalmer, funeral director, funeral service

$250.00

$200.00

$100.00

$100.00

$ 75.00

$ 50.00

$200.00

Application, North Carolina resident

Application, non-resident

Annual renewal

Embalmer

$150.00

$200.00

$ 75.00

Funeral Director $ 75.00

Total fee, embalmer and funeral director, when both are held by same person $100.00

Funeral service

Inactive status

$100.00

$ 30.00

$ 50.00 Reinstatement fee

Resident trainee permit

Application

Voluntary change in supervisor

$ 50.00

$ 50.00

Annual renewal

Late renewal

Duplicate License certificate

Chapel registration

Application

$ 35.00

$ 25.00

$ 25.00

$150.00


1201


Annual renewal

Late renewal

(b) Fees for crematories shall be as follows:

License

Application

Annual renewal

Late renewal fee

Crematory reinspection fee

Per-cremation fee

Late filing or payment fee for each cremation

Late filing fee for cremation report, per month

Crematory Manager Permit

Application

Annual renewal

Late renewal fee

Reinspection fee

Preneed sales license

Application

(c) Fees for preneed funeral contract regulation shall be as follows:

Preneed funeral establishment license

Application

Annual renewal

Annual renewal

Late renewal fee

Preneed contract filings

Filing fee for each contract

Late filing or payment fee for each contract

Late filing fee for each certificate of performance

Late filing fee for annual report

(d) Fees for Transportation Permits

$100.00

$ 75.00

$400.00

$150.00

$ 75.00

$100.00

$ 10.00

$ 10.00

$ 75.00

$150.00

$ 40.00

$150.00

$150.00

$100.00

$100.00

$ 20.00

$ 20.00

$ 25.00

$ 20.00

$ 25.00

$ 25.00

$150.00

Application

Annual renewal

Late fee

$125.00

$ 75.00

$ 50.00

History Note: Authority G.S. 90-210.23(a); 90-210.25(c); 90-210.28; 90-210.67(b),(c),(d),(d1); 90-210.68(a);

Eff. September 1, 1979;

Amended Eff. January 1, 1991; July 1, 1988; January 1, 1988; October 1, 1983;

Recodified from 21 NCAC 34. 0123 Eff. February 7, 1991;

Amended Eff. December 1, 1993; August 2, 1993; May 1, 1993, July 1, 1991;

Temporary Amendment Eff. October 1, 1997;

Amended Eff. March 1, 2004; August 1, 1998;

Amended Eff. Pending Legislative Review.

* * * * * * * * * * * * * * * * * * * * *

CHAPTER 36 - BOARD OF NURSING

21 NCAC 36 .0702 ISSUANCE OF A LICENSE BY A

COMPACT PARTY STATE

For the purpose of the Compact:

(1) A nurse applying for a license in a home state shall produce evidence of the nurse’s primary state of residence. Such evidence shall include a declaration signed by the licensee attesting to the licensee's primary state of residence.

Further evidence that may be requested includes, but is not limited to:

(a) Driver's license with a home address;

(2)

(b)

(c)

(d)

(e)

Voter registration card displaying a home address;

Federal income tax return declaring the primary state of residence;

Military Form No. 2058 – state of legal residence certificate; or

W2 from US Government or any bureau, division or agency thereof indicating the declared state of residence.

A nurse changing primary state of residence, from one party state to another party state, may continue to practice under the former home state license and multistate licensure privilege during the processing of the nurse's licensure application in the new home state for a period not to exceed 90 days.


1202


(3)

(4)

(5)

(6)

(7)

(8)

The licensure application in the new home state of a nurse under pending investigation by the former home state shall be held in abeyance. The 90-day period in Item (2) of this Rule shall be stayed until resolution of the pending investigation.

The former home state license shall no longer be valid upon the issuance of a new home state license.

If a decision denying licensure is made by the new home state, the new home state shall notify the former home state within 10 business days and the former home state may take action in accordance with that state's laws and rules.

No individual shall be issued a multistate licensure privilege unless the applicant provides evidence of successful completion of the licensing examination developed by the

National Council of State Boards of Nursing,

Inc.

A nurse on a visa from another country applying for licensure in a party state may declare either the country of origin or the party state as the primary state of residence. If the foreign country is declared the primary state of residence, a single state license will be issued by the party state.

A license issued by a party state is valid for practice in all other party states unless clearly designated as valid only in the state which issued the license.

History Note: Authority G.S. 90-171.82(6); 90-171.83(a)(b);

90-171.85(b); 90-171.87(4);

Eff. July 1, 2000;

Amended Eff. November 1, 2013; July 1, 2012; July 1, 2005.

21 NCAC 36 .0804

PRACTICE

PROCESS FOR APPROVAL TO

(a) Prior to the performance of any medical acts, a nurse practitioner shall:

(1)

(2)

(3) meet registration requirements as specified in

21 NCAC 36 .0803; submit an application for approval to practice; submit any additional information necessary to

(4) evaluate the application as requested; and have a collaborative practice agreement with a primary supervising physician.

(b) A nurse practitioner seeking approval to practice who has not practiced as a nurse practitioner in more than two years shall complete a nurse practitioner refresher course approved by the

Board of Nursing in accordance with Paragraphs (o) and (p) of

21 NCAC 36 .0220 and consisting of common conditions and their management directly related to the nurse practitioner's area of education and certification. A nurse practitioner refresher course participant shall be granted an approval to practice that is limited to clinical activities required by the refresher course.

(c) The nurse practitioner shall not practice until notification of approval to practice is received from the Board of Nursing after both Boards have approved the application.

(d) The nurse practitioner's approval to practice is terminated when the nurse practitioner discontinues working within the approved nurse practitioner collaborative practice agreement, or experiences an interruption in her or his registered nurse licensure status, and the nurse practitioner shall so notify the

Board of Nursing in writing. The Boards shall extend the nurse practitioner's approval to practice in cases of emergency such as injury, sudden illness or death of the primary supervising physician.

(e) Applications for approval to practice in North Carolina shall be submitted to the Board of Nursing and then approved by both

Boards as follows:

(1) the Board of Nursing shall verify compliance with Rule .0803 and Paragraph (a) of this

Rule; and

(2) the Medical Board shall verify that the designated primary supervising physician holds a valid license to practice medicine in

North Carolina and compliance with

Paragraph (a) of this Rule.

(f) Applications for approval of changes in practice arrangements for a nurse practitioner currently approved to practice in North Carolina shall be submitted by the applicant as follows:

(1) addition or change of primary supervising physician shall be submitted to the Board of

Nursing and processed pursuant to protocols

(2) developed by both Boards; and request for change(s) in the scope of practice shall be submitted to the Joint Subcommittee.

(g) A registered nurse who was previously approved to practice as a nurse practitioner in this state who reapplies for approval to practice shall:

(1) meet the nurse practitioner approval requirements as stipulated in Rule .0808(c) of this Section; and

(2) complete the appropriate application.

(h) Volunteer Approval to Practice. The North Carolina Board of Nursing shall grant approval to practice in a volunteer capacity to a nurse practitioner who has met the qualifications to practice as a nurse practitioner in North Carolina.

(i) The nurse practitioner shall pay the appropriate fee as outlined in Rule .0813 of this Section.

(j) A Nurse Practitioner approved under this Section shall keep proof of current licensure, registration and approval available for inspection at each practice site upon request by agents of either

Board.

History Note: Authority G.S. 90-18(13), (14); 90-18.2; 90-

171.20(7); 90-171.23(b);

Recodified from 21 NCAC 36 .0227(c) Eff. August 1, 2004;


2009; November 1, 2008; January 1, 2007; August 1, 2004.


1203


21 NCAC 36 .0808 INACTIVE STATUS

(a) Any nurse practitioner who wishes to place her or his approval to practice on an inactive status shall notify the Board of Nursing in writing.

(b) A nurse practitioner with an inactive approval to practice status shall not practice as a nurse practitioner.

(c) A nurse practitioner with an inactive approval to practice status who reapplies for approval to practice shall meet the qualifications for approval to practice in Rules .0803(a)(1),

.0804(a) and (b), .0807, and .0810 of this Section and receive notification from the Board of Nursing of approval prior to beginning practice after the application is approved by both

Boards.

(d) A nurse practitioner who has not practiced as a nurse practitioner in more than two years shall complete a nurse practitioner refresher course approved by the Board of Nursing in accordance with Paragraphs (o) and (p) of 21 NCAC 36 .0220 and consisting of common conditions and management of these conditions directly related to the nurse practitioner's area of education and certification. A nurse practitioner refresher course participant shall be granted an approval to practice that is limited to clinical activities required by the refresher course.

History Note: Authority G.S. 90-18(13); 90-18.2; 90-171.36;

90-171.83;

Recodified from 21 NCAC 36 .0227(g) Eff. August 1, 2004;


2009; December 1, 2006; August 1, 2004.


1204

I.

II.

III.

IV.

V.

VI.

RULES REVIEW COMMISSION

This Section contains information for the meeting of the Rules Review Commission on October 17 and November 21, 2013 at

1711 New Hope Church Road, RRC Commission Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners.

Specific instructions and addresses may be obtained from the Rules Review Commission at 919-431-3000. Anyone wishing to address the Commission should notify the RRC staff and the agency no later than 5:00 p.m. of the 2 nd business day before the meeting. Please refer to RRC rules codified in 26 NCAC 05.

RULES REVIEW COMMISSION MEMBERS

Appointed by Senate

Jeff Hyde

Margaret Currin

Jay Hemphill

Faylene Whitaker

Appointed by House

Ralph A. Walker

Anna Baird Choi

Jeanette Doran

Garth K. Dunklin

Stephanie Simpson

COMMISSION COUNSEL

Joe Deluca

Amanda Reeder

Abigail Hammond

(919)431-3081

(919)431-3079

(919)431-3076

RULES REVIEW COMMISSION MEETING DATES

December 19, 2013 January 16, 2014

February 20, 2014 March 20, 2014

AGENDA


Thursday, December 19, 2013 10:00 A.M.

1711 New Hope Church Rd., Raleigh, NC 27609

Ethics reminder by the chair as set out in G.S. 138A-15(e)

Approval of the minutes from the last meeting

Review of Log of Filings (Permanent Rules) for rules filed between October 23, 2013 and November 20, 2013

Review of Log of Filings (Temporary Rules) for any rule filed within 15 business days of the RRC Meeting

G.S. 150B-19.1 Certification

Commission Business



Next meeting: January 16, 2014

Commission Review

Log of Permanent Rule Filings

October 23, 2013 through November 20, 2013

NC RURAL ELECTRIFICATION AUTHORITY

The rules in Chapter 8 concern the rural electrification authority including general provisions (.0100); electric membership corporations (.0200); telephone membership corporations (.0300); and petitions: hearings: temporary rules: declaratory rulings: contested cases (.0400).

Purpose

Amend/*

04 NCAC 08 .0101


1205


Address of the NCREA

Amend/*

Meetings

Amend/*

Notification of Meetings

Repeal/*

Authority Staff

Amend/*

Correspondence and Communications

Repeal/*

Board Proceedings

Repeal/*

Member Visitation

Repeal/*

Definitions

Amend/*

Loan Applications and Categories

Amend/*

Loan Categories

Repeal/*

Documents Required for Loan

Amend/*

Presentation of Documents

Repeal/*

Operating Rules and Regulations

Amend/*


Repeal/*

Bylaws

Repeal/*

Rate Schedules

Repeal/*

Complaints

Amend/*

Data Sheets for Progress Reports

Repeal/*

Operating Budget

Repeal/*

Definitions

Amend/*

Loan Applications

Amend/*

Loan Categories

Repeal/*

Presentation of Documents

Repeal/*


Amend/*


Repeal/*

Bylaws

Repeal/*

04 NCAC 08 .0102

04 NCAC 08 .0107

04 NCAC 08 .0108

04 NCAC 08 .0109

04 NCAC 08 .0110

04 NCAC 08 .0111

04 NCAC 08 .0112

04 NCAC 08 .0201

04 NCAC 08 .0202

04 NCAC 08 .0203

04 NCAC 08 .0204

04 NCAC 08 .0205

04 NCAC 08 .0206

04 NCAC 08 .0207

04 NCAC 08 .0208

04 NCAC 08 .0209

04 NCAC 08 .0210

04 NCAC 08 .0211

04 NCAC 08 .0212

04 NCAC 08 .0301

04 NCAC 08 .0302

04 NCAC 08 .0303

04 NCAC 08 .0305

04 NCAC 08 .0306

04 NCAC 08 .0307

04 NCAC 08 .0308


1206


Tariffs

Repeal/*

Complaints

Repeal/*

Data Sheets for Progress Reports

Repeal/*

Operating Budget

Repeal/*

Petitions for Rule-Making Hearings

Amend/*

Declaratory Rulings

Amend/*

04 NCAC 08 .0309

04 NCAC 08 .0310

04 NCAC 08 .0311

04 NCAC 08 .0312

04 NCAC 08 .0401

04 NCAC 08 .0404

PUBLIC HEALTH, COMMISSION FOR

The rules in Chapter 43 are personal health rules.

The rules in Subchapter 43H are rules of the Sickle Cell Syndrome, genetic counseling and children and youth section including rules about the sickle cell syndrome program (.0100); sickle cell contract funds (.0200); and genetic health care (.0300).

Medical Services Covered

Amend/*

10A NCAC 43H .0111

The rules in Chapter 45 are general procedures for public health programs.

The rules in Subchapter 45A are rules about payment programs including general provisions (.0100); eligibility determinations (.0200); eligibility procedures (.0300); reimbursement (.0400); and quality control (.0500).

10A NCAC 45A .0101

General

Amend/*

Definitions

Amend/*

Determination of Financial Eligibility

Amend/*

Determination

Amend/*

Authorization

Amend/*

Payment

Amend/*

General

Amend/*

Reimbursement for Inpatient Hospitalization

Amend/*

Reimbursement for Professional Outpatient Other Services

Amend/*

Reimbursement for Services not Covered by Medicaid

Amend/*

Billing the Patient Prohibited

Amend/*

10A

10A

10A

10A

10A

10A

10A

10A

10A

10A

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

45A

45A

45A

45A

45A

45A

45A

45A

45A

45A

.0102

.0202

.0204

.0302

.0303

.0401

.0402

.0403

.0404

.0405

HOME INSPECTOR LICENSURE BOARD


1207


The rules in Chapter 8 are the engineering and building codes including the approval of school maintenance electricians (.0400); qualification board-limited certificate (.0500); qualification board-probationary certificate (.0600); qualification board-standard certificate (.0700); disciplinary actions and other contested matters (.0800); manufactured housing board (.0900); NC Home Inspector Licensure Board (.1000); home inspector standards of practice and code of ethics (.1100); disciplinary actions (.1200); home inspector continuing education (.1300); Manufactured Housing Board continuing education (.1400); and alternate designs and construction appeals (.1500).

Complaints

Amend/*

Board Staff

Repeal/*

Investigation

Amend/*

Disciplinary Hearing

Amend/*

11 NCAC 08 .1202

11 NCAC 08 .1203

11 NCAC 08 .1204

11 NCAC 08 .1205

ENVIRONMENTAL MANAGEMENT COMMISSION

The rules in Subchapter 2D are air pollution control requirements including definitions and references (.0100); air pollution sources (.0200); air pollution emergencies (.0300); ambient air quality standards (.0400); emission control standards (.0500); air pollutants monitoring and reporting (.0600); complex sources (.0800); volatile organic compounds

(.0900); motor vehicle emission control standards (.1000); control of toxic air pollutants (.1100); control of emissions from incinerators (.1200); oxygenated gasoline standard (.1300); nitrogen oxide standards (.1400); general conformity for federal actions (.1600); emissions at existing municipal solid waste landfills (.1700); control of odors (.1800); open burning (.1900); transportation conformity (.2000); risk management program (.2100); special orders (.2200); emission reduction credits (.2300); clean air interstate rules (.2400); mercury rules for electric generators (.2500); and source testing (.2600).

Applicability

Amend/*

Definitions

Amend/*

On-Board Diagnostic Standards

Amend/*

Sale and Service of Analyzers

Amend/*

Model Year 2008 & Subsequent Model Year

Repeal/*

Toxic Air Pollutant Guidelines

Amend/*

15A NCAC 02D .1002

15A

15A

15A

15A

15A

NCAC

NCAC

NCAC

NCAC

NCAC

02D

02D

02D

02D

02D

.1003

.1005

.1006

.1009

.1104

The rules in Subchapter 2Q are from the EMC and relate to applying for and obtaining air quality permits and include general information (.0100); fees (.0200); application requirements (.0300); acid rain program requirements (.0400); establishment of an air quality permitting program (.0500); transportation facility requirements (.0600); toxic air pollutant procedures (.0700); exempt categories (.0800); and permit exemptions (.0900).

Emission Rates Requiring a Permit

Amend/*

15A NCAC 02Q .0711

ENVIRONMENT AND NATURAL RESOURCES, DEPARTMENT OF

The rules in Subchapter 12B concern parks and recreation areas including general provisions (.0100); preservation of the park (.0200); bathing (.0300); refuse and rubbish (.0400); traffic and parking (.0500); boating and camping (.0600);


1208

RULES REVIEW COMMISSION sports and games (.0700); hunting and fishing (.0800); firearms, explosives, fires, etc. (.0900); disorderly conduct, public nuisance, etc. (.1000); commercial enterprises, advertising, meetings, exhibitions, etc. (.1100); and miscellaneous (.1200).

Firearms; Weapons; Explosives

Amend/*

15A NCAC 12B .0901

PUBLIC HEALTH, COMMISSION FOR

The rules in Chapter 13 concern Solid Waste Management. The rules in Subchapter 13B concern Solid Waste

Management including general provisions (.0100); permits for solid waste management facilities (.0200); treatment and processing facilities (.0300); transfer facilities (.0400); disposal sites (.0500); monitoring requirements (.0600); administrative penalty procedures (.0700); septage management (.0800); yard waste facilities (.0900); solid waste management loan program (.1000); scrap tire management (.1100); medical waste management (.1200); disposition of remains of terminated pregnancies (.1300); municipal solid waste compost facilities (.1400); standards for special tax treatment of recycling and resource recovery equipment and facilities (.1500); requirements for municipal solid waste landfill facilities (.1600); and requirements for beneficial use of coal combustion by-products (.1700).

General Provisions

Amend/*

15A NCAC 13B .0832

SECRETARY OF STATE, DEPARTMENT OF

The rules in Chapter 12 concern lobbying including general provisions (.0100); forms completion (.0200); submission, review, amendment, and correction of documents (.0300); fees (.0400); economic information confidentiality protection

(.0500); registration requirements and ending of lobbyist-principal relationship (.0600); disclosure of lobbyist and principal identity (.0700); lobbyist reporting (.0800); reporting by principal (.0900); solicitors and the solicitation of others

(.1000); liaison personnel (.1100); confidentiality and records (.1200); preservation of records by lobbyists, principals, solicitors and liaisons (.1300); and department provision of lists to designated individuals (.1400).

Limitations on Fee Reduction or Waiver

Repeal/*

Nonprofits to Which No Fee Reduction or Waiver Shall Be G...

Repeal/*

Nonprofit Fee Reduction Procedure

Repeal/*

Submission of Reduced Fee

Repeal/*

Submission of Documentation Supporting Fee Reduction Request

Repeal/*

Fee Reduction Applies to Both Lobbyist and Principal

Repeal/*

Payment of Remainder of Fee if Reduction

Repeal/*

Consequences of Failure to Pay Reminder of Fee

Repeal/*

Nonprofit Fee Waiver Procedure

Repeal/*

Submission of Fee with Request for Waiver

Repeal/*

Refund of Fee if Request for Waiver Granted

Repeal/*

Submission of Documentation Supporting Fee Waiver Request

Repeal/*

18 NCAC 12 .0404

18 NCAC 12 .0405

18 NCAC 12 .0406

18 NCAC 12 .0407

18 NCAC 12 .0408

18 NCAC 12 .0409

18 NCAC 12 .0410

18 NCAC 12 .0411

18 NCAC 12 .0412

18 NCAC 12 .0413

18 NCAC 12 .0414

18 NCAC 12 .0415


1209


Fee Waiver Applies to Both Lobbyist and Principal

Repeal/*

General Proof of Nonprofit Status

Repeal/*

Officers or Persons Authorized to Demonstrate Nonprofit S...

Repeal/*

Submission of Federal Tax-Exempt Determination Letter

Repeal/*

Documents to be Submitted by Nonprofit Principals Without...

Repeal/*

Additional Information for Fee Reduction for Nonprofit wi...

Repeal/*

Additional Information for Fee Reduction for Nonprofit wi...

Repeal/*

Contents for Fee Reduction Request for Nonprofit Without ...

Repeal/*

Additional Information for Fee Waiver

Repeal/*

18 NCAC 12 .0416

18 NCAC 12 .0417

18 NCAC 12 .0418

18 NCAC 12 .0421

18 NCAC 12 .0422

18 NCAC 12 .0423

18 NCAC 12 .0424

18 NCAC 12 .0425

18 NCAC 12 .0426

CERTIFIED PUBLIC ACCOUNTANT EXAMINERS, BOARD OF

The rules in Subchapter 8A are departmental rules including organizational rules (.0100), board procedures (.0200), and definitions (.0300).

Definitions

Amend/*

21 NCAC 08A .0301

The rules in Subchapter 8F are the requirements for CPA examination and certificate applicants including general provisions (.0100), fees and refunds (.0200), educational requirements (.0300), experience (.0400), and applications

(.0500).

Filing of Examination Applications and Fees

Amend/*

Application for CPA Certificate

Amend/*

21

21

NCAC

NCAC

08F

08F

.0103

.0502

The rules in Subchapter 8G are the continuing professional education requirements including general provisions

(.0100); responsibilities to clients and colleagues (.0200); and other responsibilities and requirements (.0300 and

.0400).

21 NCAC 08G .0401

CPE Requirements for CPAS

Amend/*

Qualification of CPE Sponsors

Amend/*

Computation of CPE Credits

Amend/*

Professional Ethics and Conduct CPE

Amend/*

21

21

21

NCAC

NCAC

NCAC

08G

08G

08G

.0403

.0409

.0410

The rules in Subchapter 8I concern revocation of certificates and other disciplinary action.

Modification of Discipline

Amend/*

21 NCAC 08I .0104


1210


The rules in Subchapter 8J concern renewals and registrations.

Retired and Inactive Status: Change of Status

Amend/*

Forfeiture or Inactivation of Certificate and Reissuance ...

Amend/*

Mailing Addresses of Certificate Holders and CPA Firms

Amend/*

21 NCAC 08J .0105

21

21

NCAC

NCAC

08J

08J

.0106

.0107

The rules in Subchapter 8M relate to the State Quality Review program including general requirements (.0100), duties of the reviewed firm (.0200), review team qualifications and duties (.0300), and advisory committee (.0400).

Peer Review Requirements

Amend/*

21 NCAC 08M .0105

The rules in Subchapter 8N are professional ethics and conduct rules including scope and applicability (.0100); rules applicable to all CPAs (.0200); rules applicable to CPAs who use the CPA title in offering or rendering products or services to clients (.0300); and rules applicable to CPAs performing attest services (.0400).

Deceptive Conduct Prohibited

Amend/*

Discreditable Conduct Prohibited

Amend/*

Reporting Convictions Judgments and Disciplinary Actions

Amend/*

21

21

21

NCAC

NCAC

NCAC

08N

08N

08N

.0202

.0203

.0208

COSMETIC ART EXAMINERS, BOARD OF

The rules in Subchapter 14G give the requirements for the establishment of cosmetic art schools.

Requirements for Operating Cosmetic Art Schools

Repeal/*

Equipment and Teachers

Repeal/*

Visitation

Repeal/*

Student Credit

Repeal/*

Transferability of Letters of Approval

Repeal/*

Changes of Location Ownership or Management

Repeal/*

Condition of Equipment

Repeal/*

Teacher/Student Ratio

Repeal/*

Changes in Teaching Staff

Repeal/*

School Curriculum Approval (A) No Cosmetic Art Shop or an...

Repeal/*

21 NCAC 14G .0101

21

21

21

21

21

21

21

21

21

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

14G

14G

14G

14G

14G

14G

14G

14G

14G

.0107

.0108

.0109

.0110

.0111

.0112

.0113

.0117

.0118


1211


The rules in Subchapter 14I govern the operation of cosmetic art schools including record keeping (.0100); the reception area (.0200); classrooms (.0300); and licensure of convicted felons (.0400).

21 NCAC 14I .0101

Permanent Files

Repeal/*

Daily Record

Repeal/*

Inspection Reports and Reports of Students Hours

Repeal/*

Withdrawals

Repeal/*

Transfer of Credit

Repeal/*

Student Daily Records

Repeal/*

Report of Enrollment

Repeal/*

Seal

Repeal/*

Summary of Cosmetic Art Education

Repeal/*

Uniform

Repeal/*

Reception Area

Repeal/*

Reception Area Sign

Repeal/*

Bulletin Board

Repeal/*

Sanitation Rules

Repeal/*

Dressing Room

Repeal/*

Recitation Room

Repeal/*

Library

Repeal/*

Classroom Bulletin Board

Repeal/*

Classroom Work

Repeal/*

21

21

21

21

21

21

21

21

21

21

21

21

21

21

21

21

21

21

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

14I

14I

14I

14I

14I

14I

14I

14I

14I

14I

14I

14I

14I

14I

14I

14I

14I

14I

.0102

.0103

.0104

.0105

.0106

.0107

.0108

.0109

.0110

.0201

.0202

.0203

.0204

.0205

.0301

.0302

.0303

.0304

The rules in Subchapter 14J cover the cosmetology curriculum including the beginners' department (.0100); the advanced department (.0200); combined studies (.0300); the course of study (.0400); and credit for study outside of

North Carolina (.0500).

Department System

Repeal/*

Uniform

Repeal/*

Time Requirements According to Hours

21 NCAC 14J .0101

21 NCAC 14J .0102

21 NCAC 14J .0103


1212


Repeal/*

Approved Rules

Repeal/*

Eligibility for Advanced Department

Repeal/*

Storing and Labeling of Cosmetics

Repeal/*


Repeal/*

Equipment in Advanced Department

Repeal/*

The rules in Subchapter 14K deal with the manicurist curriculum.

Uniforms

Repeal/*

Course of Study

Repeal/*

Equipment and Instruments

Repeal/*

Services Performed

Repeal/*

Identification Pins

Repeal/*

21

21

21

21

21

21

21

21

21

21

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

14J

14J

14J

14J

14J

14K

14K

14K

14K

14K

.0107

.0201

.0202

.0203

.0206

.0101

.0102

.0103

.0104

.0105

The rules in Subchapter 14L deal with teacher qualifications and examinations (.0100) and teacher program and curriculum (.0200).

21 NCAC 14L .0208

Supervision of Cosmetic Art Teacher Trainee

Repeal/*

Time Requirements for Teacher Trainee Program

Repeal/*

Effect on Student-Teacher Ration

Repeal/*

Work on Public Prohibited

Repeal/*

Teacher's Manual and Supervision

Repeal/*

Teacher Training Curriculum

Repeal/*

21

21

21

21

21

NCAC

NCAC

NCAC

NCAC

NCAC

14L

14L

14L

14L

14L

.0209

.0210

.0211

.0215

.0216

The rules in Subchapter 14O are esthetician curriculum rules.

Uniforms

Repeal/*

Course of Study

Repeal/*

Equipment and Instruments

Repeal/*

Services Performed

Repeal/*

Identification Pins

21 NCAC 14O .0101

21 NCAC 14O .0102

21 NCAC 14O .0103

21 NCAC 14O .0104

21 NCAC 14O .0105


1213


Repeal/*

The rules in Subchapter 14P are civil penalty rules.

Sanitary Ratings and Posting of Ratings - Applicable to E...

Repeal/*

21 NCAC 14P .0112

The rules in Subchapter 14S concern natural hair care curriculum.

Uniform

Repeal/*

Time Requirements According to Hours

Repeal/*

Approved Field Trips

Repeal/*

Equipment for Beginner Department

Repeal/*


Repeal/*

Equipment

Repeal/*

Performances

Repeal/*

Students' Personal Supplies

Repeal/*

Tests

Repeal/*

Approval of Credit for Natural Hair Care Instruction/Anot...

Repeal/*

Services Performed

Repeal/*

Licensing of Natural Hair Care Specialists

Repeal/*

21

21

21

21

21

21

21

21

21

21

21

21

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

NCAC

14S

14S

14S

14S

14S

14S

14S

14S

14S

14S

14S

14S

.0101

.0102

.0103

.0104

.0105

.0106

.0107

.0108

.0109

.0110

.0111

.0112

The rules in Subchapter 14T concern cosmetic art schools including the scope of the rules and school applications

(.0100); physical requirements for cosmetic art schools (.0200); school equipment and supplies (.0300); student equipment (.0400); record keeping (.0500); curricula for all cosmetic art disciplines (.0600); school licensure, operations, closing and relocating schools (.0700); school inspections (.0800); and disciplinary actions (.0900).

Permanent Records, Forms and Documentation

Amend/*

21 NCAC 14T .0502

DENTAL EXAMINERS, BOARD OF

The rules in Subchapter 16H concern dental assistants including classification and training (.0100); and permitted functions of dental assistant (.0200).

Permitted Functions of Dental Assistant II

Amend/*

21 NCAC 16H .0203

LANDSCAPE CONTRACTORS REGISTRATION BOARD


1214


Chapter 28 contains rules for the Registration Board of Landscape Contractors including statutory and administrative provision (.0100); practice of landscape contractor (.0200); examination and licensing procedures (.0300); rules: petitions: hearings (.0400); declaratory rulings (.0500); administrative hearings: procedures (.0600).

Authority: Name and Location of Board

Amend/*

21 NCAC 28 .0101

OCCUPATIONAL THERAPY, BOARD OF

The rules in Chapter 38 cover organization and general provisions (.0100); application for license (.0200); licensing

(.0300); business conduct (.0400); provisions concerning rulemaking (.0500); administrative hearing procedures

(.0600); professional corporations (.0700); continuing competence activity (.0800); supervision, supervisory roles, and clinical responsibilities of occupational therapists and occupational therapy assistants (.0900); supervision of limited permittees (.1000); and supervision of unlicensed personnel (.1100).

License Number: Display of License

Amend/*

Continuing Competence Requirements for Licensure

Amend/*

21 NCAC 38 .0301

21 NCAC 38 .0802

SOCIAL WORK CERTIFICATION AND LICENSURE BOARD

The rules in Chapter 63 deal with Social Work Certification including general rules (.0100); certification (.0200); examinations (.0300); renewal of certification (.0400); ethical guidelines (.0500); disciplinary procedures (.0600); adoption of rules (.0700); and professional corporations and limited liability companies.

Renewal Fees

Amend/*

Required Reporting By Licensee of Changes to Board

Amend/*

Petitions for Adoption of Rules

Amend/*

Declaratory Rulings

Amend/*

21 NCAC 63 .0403

21

21

21

NCAC

NCAC

NCAC

63

63

63

.0405

.0701

.0704


1215

CONTESTED CASE DECISIONS

This Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index to all recent contested cases decisions which are filed under North Carolina's Administrative Procedure Act. Copies of the decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of

Administrative Hearings, (919) 431-3000. Also, the Contested Case Decisions are available on the Internet at http://www.ncoah.com/hearings.

OFFICE OF ADMINISTRATIVE HEARINGS

Chief Administrative Law Judge

JULIAN MANN, III

Senior Administrative Law Judge

FRED G. MORRISON JR.

ADMINISTRATIVE LAW JUDGES

Beecher R. Gray

Selina Brooks

Melissa Owens Lassiter

Don Overby

Randall May

A. B. Elkins II

Craig Croom

AGENCY

ALCOHOLIC BEVERAGE CONTROL COMMISSION

James Ivery Smith, Ivy Lee Armstrong v. ABC Commission

Trawick Enterprises LLC v. ABC Commission

Dawson Street Mini Mart Lovell Glover v. ABC Commission

ABC Commission v. Christian Broome Hunt T/A Ricky's Sports Bar and Grill

Alabarati Brothers, LLC T/A Day N Nite Food Mart, v. ABC Commission

Playground LLC, T/A Playground v. ABC Commission

ABC Commission v. Quick Quality, Inc., T/A Rock Star Grill and Bar

ABC Commission v. D's Drive Thru Inc. T/A D's Drive Thru

ABC Commission v. Choudhary, LLC T/A Speedway

ABC Commission v. Dos Perros Restaurant LLC T/A Dos Perros Restaurant

ABC Commission v. Bobby Warren Joyner T/A Hillsdale Club

ABC Commission v. Quick Quality, Inc., T/A Rock Star Grill and Bar

ABC Commission v. Fat Cats Grill and Oyster Bar Inc, T/A Fat Cats Grill and Oyster Bar

ABC Commission v. Wachdi Khamis Awad T/A Brothers in the Hood

ABC Commission v. Double Zero, LLC, T/A Bad Dog

ABC Commission v. Soledad Lopez de Avilez T/A Tienda Avilez

ABC Commission v. Two Brothers Food Market, Inc., T/A Circle Mart

ABC Commission v. Grandmas Pizza LLC T/A Grandmas Pizza

Hector Diaz v. ABC Commission

ABC Commission v. Ola Celestine Morris T/A Nitty Gritty Soul Cafe

Two Brothers Food Market Inc., Circle Mart, Kenneth Kirkman v. ABC Commission

DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY

Maggie Yvonne Graham v. Victims Compensation Commission

Brian J. Johnson v. Department of Public Safety Victim Services

George H. Jaggers, III v. Crime Victims Compensation Commission

Teresa Herbin v. Department of Public Safety Victim Services

Jacqueline M Davis victim-Antonio T Davis v. Dept. of Public Safety

Demario J. Livingston v. Dept. of Public Safety Victim Services

Shirley Ann Robinson v. NC Crime Victims Compensation Commission

Harold Eugene Merritt v. State Highway Patrol

Vanda Lawanda Johnson v. Office of Victim Compensation

CASE

NUMBER

DATE

PUBLISHED

DECISION

REGISTER

CITATION

11 ABC 08266 04/12/12

11 ABC 08901 05/11/12 27:01 NCR 39

11 ABC 12597 05/23/12

11 ABC 13161 05/03/12

11 ABC 13545 05/01/12

11 ABC 14031 05/16/12 27:01 NCR 64

11 ABC 14036 07/05/12

12 ABC 00060 05/29/12

12 ABC 00721 05/01/12

12 ABC 05312 09/25/12

12 ABC 06153 11/06/12

12 ABC 07260 12/11/12

12 ABC 08988 12/19/12

12 ABC 09188 03/06/13

12 ABC 11398 04/08/13

13 ABC 00002 06/06/13

13 ABC 10356 07/11/13

13 ABC 11401 08/13/13

13 ABC 13071 11/08/13

13 ABC 14197 10/09/13

13 ABC 16233 09/30/13

09 CPS 05287 04/09/13

12 CPS 01664 12/21/12

12 CPS 01693 11/01/12

12 CPS 03680 08/10/12

12 CPS 05919 11/06/12

12 CPS 06245 10/19/12

12 CPS 07601 12/07/12

12 CPS 07852 05/24/13

12 CPS 09709 04/25/13


1216


Latoya Nicole Ritter v. Crime Victim Compensation Commission, Janice Carmichael

Teresa f. Williams v. Crime Victims Compensation Commission

Angela Clendenin King v. Office of Administrative Hearings NC Crime Victims Comp

Commission

Matthew B. McGee v. NC Victims Compensation Commission

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Stonesthrow Group Home Medicaid Provider #6603018 Owned by Alberta Professional

Services Inc v. DHHS, Division of Mental Health/Development Disabilities/

Substance Abuse, and DMA

Bright Haven Residential and Community Care d/b/a New Directions Group Home v.

Division of Medical Assistance, DHHS

Warren W Gold, Gold Care Inc. d/b/a Hill Forest Rest Home, v. DHHS/Division of Health

Service Regulation, Adult Care Licensure Section

Warren W Gold, Gold Care Inc. d/b/a Hill Forest Rest Home v. DHHS, Division of Health

Service Regulation, Adult Care Licensure and Certification Section

Gold Care Inc. Licensee Hill Forest Rest Home Warren W. Gold v. DHHS, Adult Care

Licensure Section

Robert T. Wilson v. DHHS, DHSR

Daniel J. Harrison v. DHHS Division of Health Service Regulation

Mary Ann Barnes v. DHHS, Division of Health Service Regulation, Health Care Personnel

Registry

Comprehensive PT Center v. DHHS, Division of Medical Assistance

Cherry's Group Home, Alphonso Cherry v. DHSR Michelle Elliot

Leslie Taylor v. DHHS, Division of Health Regulation

Powell's Medical Facility and Eddie N. Powell, M.D., v. DHHS, Division of Medical

Assistance

Julie Sadowski v. DHHS, Division of Health Service Regulation

Carlos Kendrick Hamilton v. DHHS, Division of Social Services

Teresa Diane Marsh v. DHHS, Division of Health Service Regulation

Betty Parks v. Division of Child Development, DHHS

Lorrie Ann Varner v. DHHS, Regulation Health Care Personnel Registry Section

Brenda Brewer v. DHHS, Division of Child Development

Timothy John Murray v. DHHS, Division of Health Service Regulation

Holly Springs Hospital II, LLC v. DHHS, Division of Health Service Regulation, CON

Section and Rex Hospital, Inc., Harnett Health System, Inc. and WakeMed

Rex Hospital, Inc., v. DHHS, Division of Health Service Regulation, CON Section and

WakeMed, Holly Springs Hospital II, LLC, and Harnett Health System, Inc.

Harnett Health System, Inc., v. DHHS, Division of Health Service Regulation, CON Section and Rex Hospital, Inc., Holly Springs Hospital II, LLC, and WakeMed

WakeMed v. DHHS, Division of Health Service Regulation, CON Section and Holly

Springs Hospital II, LLC, Rex Hospital, Inc., and Harnett Health System, Inc

Sandra Ellis v. DHHS

Shirley Dowdy v. DHHS

Vendell Haughton v. DHHS, Division of Medical Assistance

Tarsand Denise Morrison v. DHHS, Division of Health Service Regulation

Care Well of Charlotte Inc, Joy Steele v. DHHS

Carrie's Loving Hands Inc. #MHL #040-047 Felicia McGee v. DHHS, DHSR, Mental

Health Licensure and Certification

Carrie's Loving Hands Inc. #MHL #010-047 Felicia McGee v. DHHS, DHSR, Mental

Health Licensure and Certification

Michael Timothy Smith, Jr. v. DHHS, Division of Health Service Regulation

John S. Won v. DHHS

Cynthia Tuck Champion v. DHHS, Division of Health Service Regulation

Leslie Taylor, and Octavia Carlton v. Mecklenburg County Department of Social Services

Youth and Family Services Division

Lauren Stewart v. DHHS, Division of Health Service Regulation, Health Care Personnel

Registry

Alice M. Oakley v. Division of Child Development, DHHS

Andrea D. Pritchett v. DHHS Healthcare Personnel Registry Section

McWilliams Center for Counseling Inc., v. DHHS, DMH, Developmental Disabilities,

Substance Abuse Services, and agency of the State of NC

12 CPS 10572 04/25/13

13 CPS 09790 07/11/13

13 CPS 11239 08/02/13

13 CPS 12133 08/26/13

09 DHR 05790 01/11/13

10 DHR 00232 04/27/12

10 DHR 01666 05/18/12

10 DHR 05801 05/18/12

10 DHR 05861 05/18/12

10 DHR 07700 01/29/13

10 DHR 07883 04/12/13 28:02 NCR 73

11 DHR 6488 07/16/12

11 DHR 9197 08/14/12 27:12 NCR 1204

11 DHR 09590 07/12/12

11 DHR 10404 10/19/12

11 DHR 01451 03/05/12 27:01 NCR 75

11 DHR 01955 04/03/12

11 DHR 11161 10/16/12 27:16 NCR 1679

11 DHR 11456 04/27/12

11 DHR 11738 06/20/12

11 DHR 11867 08/02/12

11 DHR 12064 08/03/12 27:12 NCR 1210

11 DHR 12594 06/15/12

11 DHR 12727 04/12/12 27:04 NCR 486

11 DHR 12794 04/12/12 27:04 NCR 486

11 DHR 12795 04/12/12 27:04 NCR 486

11 DHR 12796 04/12/12 27:04 NCR 486

11 DHR 12959 07/11/12

11 DHR 13267 03/25/13

11 DHR 13616 07/05/12

11 DHR 13906 07/11/12

11 DHR 13909 08/02/12

11 DHR 14172 01/22/13

11 DHR 14173 01/22/03

11 DHR 14184 08/01/12

11 DHR 14232 09/05/12 27:15 NCR 1547

11 DHR 14283 06/15/12

11 DHR 14335 10/12/12

11 DHR 14570 06/08/12

11 DHR 14571 05/15/12 27:04 NCR 508

11 DHR 14885 01/04/13 28:02 NCR 91

11 DHR 15098 11/13/12


1217


Althea L. Flythe v. Durham County Health Department 12 DHR 00242 05/17/12

Jerri Long v. DHHS, Division of Health Service Regulation, Health Care Personnel Registry 12 DHR 00361 07/06/12

Renal Advantage, Inc., v. DHHS, Division of Health Service Regulation, CON Section and

DVA Healthcare Renal Care, Inc

12 DHR 00518 08/28/12 27:15 NCR 1553

12 DHR 00642 08/23/12 27:12 NCR 1218 Angela Moye v. DHHS, Division of Health Service Regulation, Health Care Personnel

Registry

Jessica Lynn Ward v. DHHS

Trinity Child Care II & I v. DHHS, Division of Public Health, Child and Adult Care Food

Program

Dr. Karen J. Williams, LPC v. DHHS, Division of Medical Assistance

Faith Home Care of NC, Bonita Wright v. DHHS, DMA

Olar Underwood v. Division of Child Development and Early Education

Angela C Jackson v. DHHS

Paula N Umstead v. DHHS

Daniel W. Harris, Jr., v. DHHS, Division of Health Service Regulation

ACI Support Specialists Inc. Case #2009-4249 v. DHHS

AriLand Healthcare Service, LLC, NCMHL #018-092, Shawn Kuhl Director of Operations v. DHHS, Emery E. Milliken, General Counsel

Kenneth Holman v. DHHS

Hillcrest Resthome Inc. ($2000 penalty) v. DHHS

Hillcrest Resthome Inc. ($4000 penalty) v. DHHS

Vivian Barrear v. DHHS, Division of Medical Assistance DHHS

Patricia Satterwhite v. DHHS

Anthony Moore d/b/a Hearts of Gold II v. DHHS, Division of Health Service Regulation,

Adult Care Licensure Section

Timothy L Durham v. DHHS, Division of Health Services Regulation

Clydette Dickens v. Nash Co DSS

Nicole Lynn Hudson v. DHHS, Division of Health Service Regulation

American Mobility LLC, Norman Mazer v. DHHS

American Mobility LLC, Norman Mazer v. DHHS

Robert Lee Raines v. DHHS

Ms. Antoinette L. Williams v. DHHS

Felicia McGee Owner of Carrie's Loving Hand Inc. and Caring Arms Inc v. DHHS, DHSR

Mental Health Licensure Certification

Tricia Watkins v. DHHS, Division of Medical Assistance, Office of Medicaid TLW-

Auditing Office

First Path Home Care Services Gregory Locklear v. DHHS

Rochelle A. Gaddy v. DHHS, Division of Health Service Regulation

Patriotic Health Care Systems, LLC v. DHHS

John and Christina Shipman v. DHHS

Team Daniel, LLC v. DHHS, DMA

Leslie Taylor, Octavia Carlton, Paula Carlton

Madeline Brown v. DHHS, Division of Health Service Regulation

Evelyn Evans v. DHHS, Division of Health Service Regulation

Shannon Santimore v. DHHS, Division of Public Health, Epidemiology Section

Precious Haven Inc. Melissa McAllister v. DHHS, Program Integrity

Michael and Jamie Hart v. Davidson County, Department of Social Services

Annamae R. Smith v. DHHS, Division of Medical Assistance

Our Daily Living, Christopher OnWuka, Director v. DHHS

Right Trax Inc., Maria Lewis v. DHHS, Division of Health Service Regulation, Mental

Health Licensure & Certification

Jessica L Thomas v. Randolph County DSS

Moses E Shoffner v. DHHS, Division of Child Development

Marco Evans v. DHHS, Division of Health Service Regulation

James C. Bartley v. DHHS, DMA

Estate of Mary P Lipe Medicaid ID #901463645S Alvena C Heggins v. DHHS, DMS

(DHHS Medicaid)

Emelda Bih Che v. Health Care Personnel Registry

Daycare for all the Nations, Abura B. Jackson v. DHHS, Division of Child Development

LaBrenda Jane Elliot v. DHHS, Division of Medical Assistance

Esther H Beal v. Office of Chief Medical Examiner

James Johnson v. DHHS, Division of Health Service Regulation

Youth Opportunities v. DHHS, Division of Medical Assistance

Tammy Isley v. Division of Child Development and Early Education

Cathy Crosland v. DHHS, Division of Health Service Regulation

12 DHR 00643 05/17/12

12 DHR 00861 04/20/12 27:04 NCR 518

12 DHR 00926 09/18/12

12 DHR 00928 07/25/12

12 DHR 00990 10/22/12

12 DHR 01097 06/19/12

12 DHR 01098 05/11/12

12 DHR 01138 10/19/12

12 DHR 01141 06/06/12

12 DHR 01165 05/25/12

12 DHR 01244 06/05/12

12 DHR 01289 05/30/12

12 DHR 01290 05/30/12

12 DHR 01296 06/06/12

12 DHR 01338 07/23/12

12 DHR 01346 04/12/13 28:03 NCR 256

12 DHR 01396 09/04/12

12 DHR 01625 05/15/12

12 DHR 01732 03/11/13 28:09 NCR 921

12 DHR 01733 11/20/12 27:21 NCR 1980

12 DHR 01733 03/6/13 28:03 NCR 266

12 DHR 01736 05/30/12

12 DHR 01739 06/15/12

12 DHR 01796 01/22/13

12 DHR 01807 06/01/12

12 DHR 01878 06/22/12

12 DHR 01998 06/04/13 28:11 NCR 1253

12 DHR 02105 09/19/12

12 DHR 02107 07/24/12

12 DHR 02162 09/11/13 27:16 NCR 1696

12 DHR 02217 08/31/12

12 DHR 02257 06/01/12

12 DHR 02258 07/02/12

12 DHR 02348 12/20/12

12 DHR 02430 05/18/12

12 DHR 02542 07/03/12

12 DHR 02657 11/05/12

12 DHR 02777 10/17/12

12 DHR 02779 05/06/13

12 DHR 02955 07/24/12

12 DHR 03459 08/15/12

12 DHR 04110 07/30/12

12 DHR 04116 07/25/12

12 DHR 04260 01/16/13

12 DHR 04834 01/24/13

12 DHR 04944 01/03/13 28:03 NCR 275

12 DHR 04993 09/24/12

12 DHR 05094 11/14/12 27:21 NCR 1987

12 DHR 05148 09/11/12

12 DHR 05227 07/11/13

12 DHR 05405 05/15/13

12 DHR 05610 08/06/12


1218


Dwight William Osborne v. Glana M Surles, DHHS (Medicaid)

Brenda Triplett Andrews v. DHHS, Division of Health Service Regulation

Southern Living Home Care Agency Inc., v. DHHS

Symakla Home Healthcare v. DHHS-Hearing Office

Beverly Coleman v. DHHS, Division of Health Service Regulation, Health Care Personnel

Registry Section

12 DHR 05693 09/14/12

12 DHR 05745 12/10/12

12 DHR 05864 11/06/12

12 DHR 05918 08/02/13

12 DHR 05961 09/05/12

Gregory Howard v. Health Care Personnel Registry

Joshua Goss v. DHHS, Division of Health Service Regulation, Health Care Personnel

Registry

Harrison E Shell Jr v. Wake County Human Services

12 DHR 06157

12 DHR 06158

09/07/12

03/04/13

12 DHR 06203 08/28/12

A Unique Solution Bertha M. Darden v. Division of Child Development & Early Education 12 DHR 06314 05/20/13

Valtina Bronson v. DHHS, Division of Health Service Regulation 12 DHR 06365 08/29/12

Danny Skipper AKA Danny Skipper v. DHHS, Division of Health Services Regulation

Stalin Bailon v. Department of Social Services

Tonya Diane Warfield v. DHHS, Division of Health Service Regulation, Health Care

12 DHR 06403

12 DHR 06528 10/17/12

12 DHR 06682

10/22/12

01/07/13

Personnel Registry Section

Our Daily Living, Christopher OnWuka, Director v. DHHS

Latricia N. Yelton, OT v. DHHS, Division of Medical Assistance

Brittney Nicole Brabham v. DHHS, Division Health Service Regulation, Healthcare

Personnel Registry

Darina Renee Ford v. DHHS

Marquis Gerade Harrell v. DHHS, Health Care Personnel Registry, Leslie Chabet

Future Innovations, LLC and David F. Curtis v. DHHS, Division of Health Service

Regulation, Mental Health Licensure Section





KMG Holdings Inc. – The Lighthouse II of Clayton MHL #051-138 v. DHHS, Division of Health Licensure and Certification

Curtain Climbers, Rhonda Corn v. Division of Child Development, DHHS

Speakeasy Therapy, LLC v. DHHS, Division of Medical Assistance

Faline Dial v. DHHS, Division of Medical Assistance

PRN Medical Resources, PLLC v. DHHS, Division of Medical Assistance

Denise Marie Shear v. DHHS, Division of Health Service Regulation

Irene Renee McGhee v. DHHS

Terique Epps, Family Legacy Mental Health Services DBA Task Inc v. DHHS and PBH

Angela Mackey v. DHHS, Division of Health Service Regulation

Eloise Dowtin v. The Emmanuel Home IV v. Division of Health Service Regulation

Orlando Stephen Murphy v. DHHS, DHSR, Health Care Personnel

Irene Wortham Center, Inc., v. DHHS, DMA

Yolanda McKinnon v. DHHS

Koffi Paul Aboagye v. DHHS, Division of Health Service Regulation

Mark Thomas v. DHHS, Division of Health Service Regulation

Annie Garner Ham v. DHHS, Division Health Service Regulation

Daniel Saft, A+ Residential Care (MHL #092-811) v. DHHS, DHSR, Mental Health

Licensure and Certification Section

Jannett E. Myers v. DHHS, Division of Health Service Regulation

Gloria Mitchell v. DHHS, Division of Medical Assistance

Katherine Free v. DHHS, Division of Medical Assistance

Ronald Dixon v. Division of Child Development, DHHS

Hillcrest Convalescent Center, Inc. v. DHHS, Division of Health Service Regulation,

Certificate of Need Section, and E.N.W., LLC and Bellarose Nursing and Rehab

Center, Inc.; Liberty Healthcare Properties of West Wake County, LLC, Liberty

Commons Nursing and Rehabilitation Center of West Wake County, LLC, Liberty

Healthcare Properties of Wake County LLC, and Liberty Commons Nursing and

Rehabilitation Center of Wake County, LLC; Britthaven, Inc. and Spruce LTC

Group, LLC; and AH North Carolina Owner LLC d/b/a The Heritage of Raleigh

Liberty Healthcare Properties of West Wake County, LLC, Liberty Commons Nursing and

Rehabilitation Center of West Wake County, LLC, Liberty Healthcare Properties of Wake County LLC, and Liberty Commons Nursing and Rehabilitation Center of Wake County, LLC v. DHHS, Division of Health Service Regulation,

Certificate of Need Section, and Hillcrest Convalescent Center, Inc.; E.N.W., LLC and Bellarose Nursing and Rehab Center, Inc.; Britthaven, Inc. and Spruce LTC

Group, LLC; and AH North Carolina Owner LLC d/b/a The Heritage of Raleigh

12 DHR 06683 10/17/12

12 DHR 06686 04/10/13 28:03 NCR 282

12 DHR 06786 03/27/13

12 DHR 07166 11/19/12

12 DHR 07170 10/23/12

12 DHR 07215 04/16/13 28:05 NCR 443

12 DHR 07216 04/16/13 28:05 NCR 443

12 DHR 07217 04/16/13 28:05 NCR 443

12 DHR 07292 11/08/12

12 DHR 07295 01/16/13

12 DHR 07296 04/25/13 28:05 NCR 462

12 DHR 07440 02/07/13 28:05 NCR 488

12 DHR 07441 03/19/13 28:05 NCR 500

12 DHR 07547 11/07/12

12 DHR 07589 08/29/13

12 DHR 07616 11/09/12

12 DHR 07619 10/05/12

12 DHR 07620 11/06/12

12 DHR 07640 02/05/13

12 DHR 07699 04/12/13

12 DHR 07711 01/11/13

12 DHR 07731 11/20/12

12 DHR 07853 01/04/13

12 DHR 08103 03/04/13

12 DHR 08197 01/16/13

12 DHR 08257 08/07/13

12 DHR 08258 02/14/13 28:05 NCR 511

12 DHR 08395 04/12/13

12 DHR 08446 11/14/12

12 DHR 08666 06/20/13 28:09 NCR 928

12 DHR 08669 06/20/13 28:09 NCR 928


1219


Jah Mary Weese v. DHHS, Division of Health Service Regulation

AH North Carolina Owner LLC d/b/a The Heritage of Raleigh v. DHHS, Division of Health

12 DHR 08672 01/09/13

12 DHR 08691 06/20/13 28:09 NCR 928

Service Regulation, Certificate of Need Section, and Hillcrest Convalescent

Center, Inc.; E.N.W., LLC and Bellarose Nursing and Rehab Center, Inc.; Liberty

Healthcare Properties of West Wake County, LLC, Liberty Commons Nursing and

Rehabilitation Center of West Wake County, LLC, Liberty Healthcare Properties of Wake County LLC, and Liberty Commons Nursing and Rehabilitation Center of Wake County, LLC; and Britthaven, Inc. and Spruce LTC Group, LLC

Mission Hospital, Inc. v. DHHS Division of Health Service Regulation Certificate of Need

Section, and Fletcher Hospital, Inc. d/b/a Park Ridge Health and Carolina

Gastroenterology Endoscopy Center, LLC

12 DHR 08733 06/18/13 28:10 NCR 1095

Clifford Lee Druml v. DHHS, Division of Medical Assistance

Natasha Dionne Howell v. DHHS, Division of Health Service Regulation

White Oak Homes II Inc., Lisa Atkinson v. DHHS, Mental Health Licensure and

Certification Section, Division of Health Service

Erica Eileen Thomas v. DHHS, Division of Health Service Regulation

Tammy Isley v. Division of Child Development and Early Education

Eddie Cannon v. DHHS, Division of Health Service Regulation, Personnel Registry

Carolyn Ragin v. DHHS, Division of Health Services Regulation

Omar Vickers v. Office of Administrative Hearings

April Hood-Baker v. DHHS, DMA Glana M Surles

Heritage Home Care Agency Inc., Rico Akvia Wagner v. Department of Human Services

Hearing Office

12 DHR 08776

12 DHR 08814

12 DHR 08994

12 DHR 09475

12 DHR 09489

12 DHR 09511

04/25/13

03/07/13

02/08/13

12 DHR 09139 04/17/13

12 DHR 09350 05/15/13

12 DHR 09352 05/21/13

12 DHR 09373 12/18/12

04/16/13

01/15/13

07/05/13

Surgical Care Affiliates, LLC and Blue Ridge Day Surgery Center, L.P. v. DHHS, Division of Health Service Regulation, Certificate of Need Section, and WakeMed

Tyshon & Shannetta Barfield v. DHHS

Vicki Lucas-Crowder v. Division of Medical Assistance

Cynthia M Rose v. Division of Child Development, DHHS

Gina Lynne Gilmore Lipscomb v. Health Care Personnel Registry

Asheville Speech Associates v. DHHS, Division of Medical Assistance

Our Daily Living MHL 032-481 Christopher Onwuka v. DHHS, DHSR, Mental Health

12 DHR 09678

12 DHR 09846

12 DHR 09953

07/23/13

12 DHR 09692 02/08/13

12 DHR 09832 04/26/13

01/23/13

09/17/13

12 DHR 10367 06/21/13

12 DHR 10402 05/06/13

Licensure and Certification

Glenda Lee Hansley v. DHHS

Sonia Coles Bowers v. DHHS, Division of Social Services

12 DHR 10430 08/01/13

12 DHR 10511 08/26/13

Carolina Solution, Inc v DHHS 12 DHR 10668 02/08/13

A Unique Solution Bertha M. Darden v. Division of Child Development & Early Education 12 DHR 10926 05/20/13

Angels Home Health, Charlotte Robinson, and LaShonda Wofford v. DHHS 12 DHR 11035 04/22/13

David Keith Trayford v. Division of Medical Assistance via Administrative Hearing Office 12 DHR 11180 07/01/13

Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System v. DHHS,

Division of Health Service Regulation Certificate of Need Section and FirstHealth of the

12 DHR 12088 05/23/13 28:11 NCR 1262

Carolinas, Inc. d/b/a FirstHealth Moore Regional Hospital

Speech and Therapy Solutions v. DHHS

Agape Services, Inc. v. Program Integrity Section of DMA

Treasure Dominique Corry v. State of NC Nurse Aide Registry

Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System v. DHHS,

Division of Health Service Regulation Certificate of Need Section and FirstHealth of the

Carolinas, Inc. d/b/a FirstHealth Moore Regional Hospital

Bio-Medical Applications of North Carolina, Inc., D/B/A FMC Anderson Creek

Linda Johnson v. Caswell Center

Carolina Family Alliance, c/o Sabrian Mack Exec Director v. DHHS

Inder P Singh v. DHHS, WIC

Natasha Howell v. DHHS, Division of Health Service Regulation

Loretta Tinnin v. Division of Medical Assistance

Family Choice Home Care v. DHHS

Leenorta Cooper v. DHHS, Division of Health Service Regulation

Larry Ratliff, Jr., Alena Ratliff, Larry Ratliff, Sr. v. DHHS, Division of Health Service

Regulation, Health Care Personnel Registry





Nikko & Shannon Scott v. DHHS

Clarice Johnson v. DHHS, Division of Health Service Regulation

Doris Wilson v. DHHS, Division of Health Service Regulation

12 DHR 12402 03/27/13

12 DHR 12405 05/23/13 28:11 NCR 1269

12 DHR 12408 03/15/13

12 DHR 12088

12 DHR 19650 12/17/12 27:22 NCR 2101

13 DHR 01926 03/06/13

13 DHR 02679 03/28/13

13 DHR 05263 03/27/13

13 DHR 07602 08/02/13

13 DHR 08954 10/03/13

13 DHR 08987 08/14/13

13 DHR 09097 10/03/13

13 DHR 09144 07/15/13

13 DHR 09145 07/15/13

13 DHR 09146 07/15/13

13 DHR 09422 06/26/13

13 DHR 09736 10/28/13

13 DHR 09742 07/15/13


1220


Teresa Anne Davis v. DHHS, Division of Health Service Regulation, Health Care Personnel

Registry

13 DHR 10037 09/20/13

Marcella Marsh v. Forsyth County Department of Social Services

Wanda Jones v. DHHS

Berta M. Spencer v. DHHS, Office of the Controller

Benjamin Headen and Pamela Headen v. DHHS

Lelia Knox v. DHHS, Division of Child Development

Lashondrea Nixon v. DHHS, Division of Health Service Regulation

Edward E. Speaks, Jr. v. Central Regional Hospital

Scott Hollifield v. McDowell County DSS

Tammi D. Nichols v. DHHS, Division of Health Service Regulation

Holly L. Crowell v. DHHS, Division of Health Service Regulation

Christopher H. Brown DDS PA v. Department of Medical Assistance

Lawson Support Services LLC v. DHHS, Division of Medical Assistance

Juan M. Noble v. DHHS, Division of Health Service Regulation

Monalisa Victoria Freeman v. DHHS, Division of Health Service Regulation

Johnathan Bradley v. DHHS, Division of Health Service Regulation

Melissa Stephen Ingle v. DHHS, Division of Child Development

E. W. Stone Adult Care Center, Evelyn W. Stone v. DHHS

Martha Watson v. DHHS, Division of Social Services

Lawson Support Services LLC v. DHHS, Division of Medical Assistance

Matthew Bradshaw v. DHHS, Division of Health Service Regulation

Countryside Villa Hal 026-046 John A. Weeks v. DHHS, Division of Health Service

Regulation

Betty S. Mintz v. DHHS, Division of Health Service Regulation

Lashawn R. Holland v. DHHS, Division of Health Service Regulation

Thomas and Elberta Hudson v. DHHS, Division of Social Services

Victoria S. Hargrave v. DHHS, Division of Health Service Regulation

Paul A. Fredette v. DHHS, Division of Health Service Regulation

A Angel's Touch In Home Care v. DHHS

Candace Richardson v. Health Care Personnel Registry

Estate of Ross Lewis; Ronald B. Lewis v. Office of Administrative Hearings

Dennishia Marsalia DuBose v. Sol Weiner RN HCPR Investigator

Precyous Cheniae Johnson v. DHHS, Division of Health Service Regulation

A Angel's Touch In Home Care v. DHHS

13 DHR 10124 06/21/13

13 DHR 10289 08/15/13

13 DHR 10335 07/05/13

13 DHR 10488 08/02/13

13 DHR 10556 08/28/13

13 DHR 10594 08/30/13

13 DHR 10749 09/10/13

13 DHR 10793 07/25/13

13 DHR 10795 10/25/13

13 DHR 11091 07/05/13

13 DHR 11610 07/01/13

13 DHR 11836 10/04/13

13 DHR 11965 07/12/13

13 DHR 12328 07/31/13

13 DHR 12685 08/02/13

13 DHR 12700 08/30/13

13 DHR 12814 07/29/13

13 DHR 13302 11/12/13

13 DHR 13349 11/13/13

13 DHR 13381 09/03/13

13 DHR 13545 09/19/13

13 DHR 13547 09/10/13

13 DHR 13858 09/03/13

13 DHR 13957 08/02/13

13 DHR 15147 08/07/13

13 DHR 14025 09/30/13

13 DHR 14303 09/24/13

13 DHR 15028 09/30/13

13 DHR 16694 10/23/13

13 DHR 17085 11/06/13

13 DHR 17316 11/05/13

13 DHR 17446 10/31/13

DEPARTMENT OF ADMINISTRATION

Meherrin Indian Tribe v. Commission of Indian Affairs

DEPARTMENT OF CORRECTIONS

Myron Roderick Nunn v. Jennifer O'Neal, Accountant DOC

Moses Leon Faison v. Department of Correction

Clarence E. Williams, Jr. v. State of NC, D.H.O. Austin

Clarence E. Williams, Jr. v. State of NC, D.H.O. Linwood M. Best

12 DOA 00986 01/18/13

12 DOC 01022 07/12/12

13 DOC 10227 04/08/13

13 DOC 12137 09/30/13

13 DOC 14201 09/30/13

DEPARTMENT OF JUSTICE

Tommy Keith Lymon v. Criminal Justice Education and Training Standards Commission 09 DOJ 03751 07/30/12 27:06 NCR 649

Greary Michael Chlebus v. Criminal Justice Education and Training Standards Commission 11 DOJ 4829

Steven Davis Boone v. Sheriffs' Education and Training Standards Commission 11 DOJ 06781

04/27/12

06/18/13 28:10 NCR 1062

Dillan Nathanuel Hymes v. Criminal Justice Education and Training Standards Commission 11 DOJ 10315 07/23/12 27:06 NCR 661

Barbara Renay Whaley v. Criminal Justice Education and Training Standards Commission 11 DOJ 10316 04/25/12

Robert Kendrick Mewborn v. Criminal Justice Education and Training Standards

Commission

11 DOJ 10318 04/23/12

Athena Lynn Prevatte v. Sheriffs' Education and Training Standards Commission

Shatel Nate Coates v. Sheriffs' Education and Training Standards

James Lee Ray v. Sheriffs' Education Training Standards

Ko Yang v. Sheriff's Education and Training Standards Commission

11 DOJ 13148

11 DOJ 13151

11 DOJ 13152

11 DOJ 13153

05/25/12

07/05/12

08/27/12

06/14/12

27:04 NCR 529

Dustin Edward Wright v. Sheriffs' Education and Training Standards Commission

Walter Scott Thomas v. Sheriff's Education and Training Standards Commission

Darryl Howard v. Criminal Justice Education and Training Standards Commission

John Jay O'Neal v. Criminal Justice Education and Training Standards Commission

Charlesene Cotton v. Criminal Justice Education and Training Standards Commission

William James Becker v. Criminal Justice Education and Training Standards Commission

11 DOJ 13154 08/08/12

11 DOJ 13155 05/10/12

11 DOJ 13157 04/12/12

11 DOJ 13158 07/06/12 27:07 NCR 749

11 DOJ 13159 06/05/12 27:04 NCR 538

11 DOJ 13160 08/16/12


1221


Steve Michael Galloway, Jr, Private Protective Services Board

Justin Thomas Medlin v. Alarm Systems Licensing Board

Argentina Rojas v. Department of Justice, Campus Police Officer Commission

Bruce Clyde Shoe v. Private Protective Services Board

Angela Louise Giles v. Private Protective Services Board

Marshall Todd Martin v. Sheriffs' Education

Frances Gentry Denton v. Sheriffs' Education and Training Standards Commission

11 DOJ 14434 04/23/12

11 DOJ 14493 04/23/12

12 DOJ 00394 11/02/12

12 DOJ 00556

12 DOJ 00557

12 DOJ 00650

12 DOJ 00651

09/26/12

04/18/12

07/13/12

08/30/12

James Philip Davenport v. Criminal Justice Education and Training Standards Commission 12 DOJ 00653 11/21/12

Alvin Louis Daniels v. Criminal Justice Education and Training Standards Commission 12 DOJ 00654 08/17/12

Michael Wayne McFalling v. Private Protective Services Board

Robert John Farmer v. Alarm Systems Licensing Board

Ricky Lee Ruhlman v. Private Protective Services Board

Leroy Wilson Jr., Private Protective Services Board

Clyde Eric Lovette v. Alarm Systems Licensing Board

Vincent Tyron Griffin v. Alarm Systems Licensing Board

Andre Carl Banks Jr., v. Alarm Systems Licensing Board

Ryan Patrick Brooks v. Private Protective Services Board

Dustin Lee Chavis v. Private Protective Services Board

12 DOJ 00814 05/21/12

12 DOJ 00887 05/04/12

12 DOJ 01211 04/18/12

12 DOJ 01293 04/18/12

12 DOJ 01498 05/02/12

12 DOJ 01663 09/27/12

12 DOJ 01695 06/22/12

12 DOJ 01696 06/05/12

12 DOJ 01697 06/01/12

Jeffrey Adam Hopson v. Sheriffs' Education and Training Standards Commission

John Henry Ceaser v. Sheriffs' Education and Training Standards Commission

Jerome Douglas Mayfield v. Private Protective Services Board

Elijah K. Vogel v. Private Protective Services Board

12 DOJ 01761 06/07/12

12 DOJ 01762 06/18/12

12 DOJ 02381 06/15/12

12 DOJ 02619 06/05/12

Timmy Dean Adams v. Department of Justice, Company Police Program

Carlito Soler v. Alarm Systems Licensing Board

Sherman Montrell Devon McQueen v. Criminal Justice Education and Training and

Standards Commission

12 DOJ 02778 12/21/12

12 DOJ 03457 09/26/12

Danielle Marie Taylor v. Criminal Justice Education and Training Standards Commission 12 DOJ 03838 01/24/13 28:06 NCR 554

Rodney Lyndolph Bland v. Criminal Justice Education and Training Standards Commission 12 DOJ 03839 01/11/13

12 DOJ 03842 12/21/12

Matthew Brian Hayes v. Criminal Justice Education and Training Standards Commission 12 DOJ 03843 11/27/12 27:22 NCR 2139

Antonio Cornelius Hardy v. Criminal Justice Education and Training Standards Commission 12 DOJ 03844 11/19/12 27:21 NCR 1994

Jonathan Dryden Dunn v. Sheriffs' Education and Training Standards

Barry Louis Christopher, Jr v. Private Protective Services Board

Bettina Hedwig Vredenburg v. Sheriffs' Education and Training Standards Commission

Wallace Connell Ranson v. Sheriffs' Education and Training Standards Commission

Raymond Louis Soulet v. Sheriffs' Education and Training Standards Commission

Graham Avon Hager v. Sheriffs' Education and Training Standards Commission

Dustin Wilson Grant v. Sheriffs' Education and Training Standards Commission

Glenn Alvin Brand v. Sheriffs' Education and Training Standards Commission

Shannon Wallace v. DHHS

12 DOJ 03845 03/28/13

12 DOJ 05041 08/27/12 27:15 NCR 1570

12 DOJ 05140 11/09/12 27:21 NCR 2002

12 DOJ 05141 05/07/13 28:07 NCR 676

12 DOJ 05142 08/27/12

12 DOJ 05143 12/19/12 28:07 NCR 686

12 DOJ 05145 10/25/12

12 DOJ 05146 10/08/12

12 DOJ 05355 02/26/13

Lawrence W. Sitgraves v. Private Protective Services

Collin Michael Berry v. Private Protective Services Board

Tiffany Ann Misel v. Private Protective Services Board

John Machouis v. Alarm Systems Licensing Board

12 DOJ 06059

12 DOJ 06590

12 DOJ 06817

12 DOJ 07161

09/13/12

10/22/12

10/17/12

12/19/12

Christopher A. Field v. Private Protective Services Board

Porschea Renee Williams v. Private Protective Services Board

Ralph R. Hines v. Criminal Justice Education and Training Standards

William Franklin Dietz v. Criminal Justice Education and Training Standards

12 DOJ 07548 12/19/12

12 DOJ 07549 01/09/13

12 DOJ 07812 11/07/12

12 DOJ 08010 02/19/13

Elizabeth Crooks Goode v. Criminal Justice Education and Training Standards Commission 12 DOJ 08014 12/14/12

Kareen Jesaad Taylor v. Sheriffs' Education and Training Standards Commission 12 DOJ 08018 04/02/13 28:08 NCR 751

Sabrina Richelle Wright v. Sheriffs' Education and Training Standards Commission

Phillip Eugene Dendy v. Sheriffs' Education and Training Standards Commission

12 DOJ 08048

12 DOJ 08049

01/16/13

01/18/13

Reginald E. James v. Private Protective Services Board

Omega Young v. Private Protective Services Board

Joseph T. Ferrara v. Private Protective Services Board

Jovan Lamont Sears v. Private Protective Services Board

Christopher Robell Hunter v. Sheriffs' Education and Training Standards Commission

Marilyn Cash Smalls v. Sheriffs' Education and Training Standards Commission

Timothy Allen Bruton v. Criminal Justice Education and Training Standards Commission

Bilal Abdus-Salaam v. Ciminal Justice Education and Training Standards Commission

Lee Daniel Wilkerson v. Criminal Justice Education and Training Standards Commission

Brad Tisdale v. Criminal Justice Education Training Standards Commission

Clinton Weatherbee Jr v. Criminal Justice Education and Training Standards Commission

JonPaul D. Wallace v. Private Protective Services Board

12 DOJ 08195 12/20/12

12 DOJ 08261 12/17/12

12 DOJ 08309 01/11/13

12 DOJ 08447 12/20/12

12 DOJ 10182 05/07/13 28:08 NCR 758

12 DOJ 10188

12 DOJ 10199

12 DOJ 10200 08/16/13

12 DOJ 10201 10/10/13

12 DOJ 10203

12 DOJ 10206

04/29/13

05/29/13

05/06/13

03/25/13

13 DOJ 02422 04/26/13


1222


LaMarcus Jarrel Outing v. Criminal Justice Education and Training Standards Commission 13 DOJ 11932 08/07/13

Jeffrey D. Angell v. NC Alarm Systems Licensing Board 13 DOJ 12333 10/09/13

Myron Troy Davidson v. Private Protective Services Board

Marcus L. Fuller v. Private Protective Services Board

Martise Lamar Jones v. NC Alarm Systems Licensing Board

Charles Robert Austin, Jr. v. NC Alarm Systems Licensing Board

Reza M. Salami v. NC Department of Justice and Attorney General Roy Cooper

13 DOJ 13379

13 DOJ 13653 09/03/13

13 DOJ 14844

09/13/13

10/30/13

13 DOJ 15507 10/30/13

13 DOJ 17903 11/12/13

DEPARTMENT OF LABOR

United Quest Care Services v. Department of Labor 13 DOL 12224 09/17/13

Absolute Contracting Service Inc., Felicia Myers v. NCDOL, Adriana King

DEPARTMENT OF TRANSPORTATION

Lorie Cramer v. NC Quick Pass Customer Service Center and DOT

13 DOL 16701 10/30/13

13 DOT 08753 07/19/13 28:06 NCR 589

DEPARTMENT OF STATE TREASURER

STATE BOARD OF EDUCATION

Andrew George Anderson v. Sheriffs' Education and Training Standards Commission

Frank John Fontana, Jr. v. NC Alarm Systems Licensing Board

Jerome Douglas Mayfield v. Private Protective Services Board

Cameron Imhotep Clinkscale v. Private Protective Services Board

Ashely B. Sellers v. NC Alarm Systems Licensing Board

Eddie Hugh Hardison v. Private Protective Services Board

Tony Lynn Cannon v. Sheriffs' Education and Training Standards Commission

Marcus Teer Benson v. Private Protective Services Board

Steven Wesley Jones v. Sheriffs' Education and Training Standards Commission

Logan Roy Clonts v. Sheriffs' Education and Training Standards Commission

Dwaine C. Coley v. Department of State Treasurer

Ella Joyner v. Department of State Treasurer Retirement System Division

William R. Tate v. Department of Treasurer, Retirement System Division

Brenda C. Hemphill v. Department of Treasurer, Retirement System Division

Russell E. Greene v. Department of State Treasurer Retirement Systems Division

James A Layton v. Department of State Treasurer

Marsha W Lilly, Robert L Hinton v. Retirement System

Louis A. Hrebar v. State Board of Education

Delene Huggins v. Department of Public Instruction

Myra F. Moore v. NC Board of Education

Dwayne White v. Department of Public Instruction, NC State Board of Education

Jeffery Sloan v. NCDPI

Lia C Long v. DPI

North Carolina Learns Inc. d/b/a North Carolina Virtual Academy

Katherine Kwesell Harris v. Public Schools, Board of Education

Bonnie Aleman v. State Board of Education, Department of Public Instruction

Emma Seward v. Department of Public Instruction

Jodi Esper v. Department of Public Instruction

Wanda McLaughlin v. State Board of Education

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Pamlico-Tar River Foundation, NC Coastal Federation, Environmental Defense Fund, and

Sierra Club v. DENR, Division of Water Quality and PCS Phosphate Company,

Inc

ALCHEM Inc., v. NCDENR

Don Hillebrand v. County of Watauga County Health Dept

ALCHEM Inc., v. NCDENR

House of Raeford Farms, Inc., v. DENR

Lacy H Caple DDS v. Division of Radiation Protection Bennifer Pate

Friends of the Green Swamp and Blue Ridge Environmental Defense League, Inc v. DENR

Division of Waste Management and Waste Management of the Carolinas, Inc., d/b/a

Waste Management of Wilmington

13 DOJ 03417 08/29/13

13 DOJ 03740 09/12/13

13 DOJ 04393 04/26/13

13 DOJ 05095 04/26/13

13 DOJ 08759 10/30/13

13 DOJ 08765 04/02/13

13 DOJ 09567 10/22/13

13 DOJ 09974 05/15/13 28:10 NCR 1155

13 DOJ 11188 10/22/13

13 DOJ 11694 10/17/13

10 DST 00233 04/05/13 28:02 NCR 81

11 DST 02437 07/12/12 27:07 NCR 758

11 DST 04675 09/07/12 27:15 NCR 1574

11 DST 10252 09/26/12

11 DST 10875 06/14/12 27:04 NCR 543

11 DST 12958 11/30/12

12 DST 01108 05/22/12

11 EDC 01445 07/27/12

11 EDC 08899 06/28/12

11 EDC 11927 05/01/12

11 EDC 11864 07/18/12 27:07 NCR 769

11 EDC 14077 11/09/12 27:21 NCR 1974

12 EDC 00805 10/18/13 27:16 NCR 1716

12 EDC 01801 05/18/12

12 EDC 06520 09/05/12

12 EDC 07293 06/14/13

12 EDC 07438 07/17/13

12 EDC 10259 06/04/13

12 EDC 12410 03/27/13

09 EHR 1839 04/26/12 27:01 NCR 87

10 EHR 00296 02/05/13

10 EHR 00933 05/10/12

10 EHR 05463 02/05/13

10 EHR 05508 05/31/12 27:01 NCR 99

11 EHR 11454 05/09/12

11 EHR 12185 08/08/12 27:12 NCR 1224


1223


Holmes Development & Realty, LLC, and H.L. Homes v. DENR – Land Quality Section

(Re: LQS 11-018)

Ik Kim IT and K Enterprise v. DENR

Edward Dale Parker v. DENR

Janezic Building Group LLC v. Orange County

Save Mart of Duplin LLC v. DENR

NC Coastal Federation, Cape Fear River Watch, PenderWatch, and Conservancy Sierra

Club v. DENR, Division of Air Quality and Carolina Cement Company, LLC

James D. Halsey v. DENR, Division of Environmental Health

NC Coastal Federation, Cape Fear River Watch, PenderWatch, and Conservancy Sierra

Club v. DENR, Division of Air Quality

DIVISION OF EMPLOYMENT SECURITY

Dwight Marvin Wright v. Department of Commerce, Division of Employment Security

DEPARTMENT OF INSURANCE

Megan L. Hartzog v. NC State Health Plan

Jan Fjelsted v. NC State Health Plan

Susan E. Montgomery Lee v. State Health Plan; Blue Cross Blue Shield

Lori Matney v. Blue Cross Blue Shield of NC, State Health Plan

Jean Kirkland and John Ritchie v. State Health Plan

MISCELLANEOUS

Richard Lee Taylor v. City of Charlotte

Lloyd M Anthony v. New Hanover County Sheriff Office

Jackie Poole, Jamyan Brooks v. Orange County

David L. Smith v. NC Innocence Inquiry Commission

Thomas Franklin Cross, Jr. v. NC Innocence Inquiry Commission

Moses Leon Faison v. NC Parole Commission, Paul G. Butler, Jr.

Jabar Ballard v. NC Innocence Inquiry Commission

Paul Michael Simmons v. Luis Hernandez, Forest City Police Department

OFFICE OF STATE PERSONNEL

Amanda Thaxton v. State Ethics Commission

Dorothy H. Williams v. DHHS, Central Regional Hospital

Stephen R. West v. The University of North Carolina at Chapel Hill

Larry F. Murphy v. Employment Security Commission of North Carolina

Walter Bruce Williams v. Dept. of Crime Control and Public Safety Butner Public Safety

Division

Teresa J. Barrett v. DENR

Daniel Chase Parrott v. Crime Control and Public Safety, Butner Public Safety Division

Steven M Mukumgu v. DAG

Valerie Small v. NC Agricultural and Technical State University

Beatrice T. Jackson v. Durham County Health Department

Brenda D. Triplett v. DOC

Tommie J. Porter v. DOC

Fortae McWilliams v. DOC

Kimberly F. Loflin v. DOT, DMV

John Hardin Swain v. DOC, Hyde Correctional Inst.

John Fargher v. DOT

Maria Isabel Prudencio-Arias v. UNC at Chapel Hill

Gerald Price v. Department of Agriculture & Consumer Services, Standards Division

Tammy Cagle v. Swain County, Department of Social Services

Doris Wearing v. Polk Correctional Inst. Mr. Soloman Superintendent

Fredericka Florentina Demmings v. County of Durham

Derick A Proctor v. Crime Control and Public Safety, State Capital Police Division

David B. Stone v. Department of Cultural Resources

Pattie Hollingsworth v. Fayetteville State University

11 EHR 13208 06/29/12 27:07 NCR 774

11 EHR 13910 11/06/12

11 EHR 14390 02/22/13

12 EHR 01104 12/03/12 27:21 NCR 2008

12 EHR 02328 07/25/12

12 EHR 02850 09/23/13

13 EHR 10216 06/05/13

13 EHR 16148 11/04/13

12 ESC 05042 07/27/12

12 INS 00364 05/06/13 28:07 NCR 691

12 INS 04763 01/16/13 28:07 NCR 706

12 INS 10145 03/25/13

12 INS 10790 08/20/13

12 INS 11957 04/11/13

11 MIS 14140 05/15/12

12 MIS 01803 06/07/12

12 MIS 02379 11/09/12 27:21 NCR 2016

13 MIS 12404 06/19/13 28:10 NCR 1160

13 MIS 12642 06/19/13 28:10 NCR 1160

13 MIS 13004 09/05/13

13 MIS 13005 06/19/13 28:10 NCR 1160

13 MIS 14274 11/13/13

09 OSP 03754 09/20/12

10 OSP 5424 03/28/12 27:01 NCR 119

10 OSP 01567 11/26/12 27:21 NCR 1959

10 OSP 03213 06/04/12

10 OSP 03551 04/23/12 27:01 NCR 148

10 OSP 04754 10/22/12 27:16 NCR 1726

10 OSP 04792 05/30/12

10 OSP 05199 08/07/12

11 OSP 03245 05/24/13 28:11 NCR 1231

11 OSP 3835 06/08/12

11 OSP 4605

11 OSP 5352

03/20/12 27:06 NCR 669

06/05/12 27:06 NCR 678

11 OSP 06236 05/30/12 27:06 NCR 684

11 OSP 06762 07/10/12

11 OSP 07956 04/23/12 27:06 NCR 693

11 OSP 08111 04/18/12

11 OSP 09374 03/28/13 28:02 NCR 99

11 OSP 09588 02/27/13 28:02 NCR 139

11 OSP 10307 09/26/12 27:16 NCR 1747

11 OSP 11023 10/19/12

11 OSP 11498 06/12/12

11 OSP 11499 12/06/12

11 OSP 11926 08/10/12 27:12 NCR 1245

11 OSP 12152 02/27/13


1224


William C. Spender v. Dept. of Agriculture & Consumer Services, Veterinary Division

Terrence McDonald v. NCSU

Terrence McDonald v. DHHS, Emery Milliken

Phyllis Campbell v. DOC

Raeford Quick v. DOC

Tawana McLaurin v. DOC

Vera Ricks v. NC Department of Public Safety

Marva G. Scott v. Edgecombe County Social Services Board (Larry Woodley, Fate Taylor,

Ernest Taylor, Viola Harris and Evelyn Johnson), Edgecombe County

Commissioners and Edgecombe county manager, Lorenzo Carmon

Ladeana Z. Farmer v. Department of Public Safety

Rhonda Whitaker v. DHHS

Thomas B. Warren v. DAG, Forest Services Division

Bon-Jerald Jacobs v. Pitt County Department of Social Services

Sherry Baker v. Department of Public Safety

Diane Farrington v. Chapel Hill-Carrboro City Schools

Cynthia Moats v. Harnett County Health Dept

Natalie Wallace-Gomes v. Winston-Salem State University

Clark D. Whitlow v. UNC-Chapel Hill

John Medina v. Department of Public Safety

Jeffrey L Wardick, v. Employment Securities Commission of NC

Ricco Donnell Boyd v. NC A&T University

Larry C. Goldston v. UNC-Chapel Hill

Larry Batton v. Dept of Public Safety

Sandra Kay Tillman v. County of Moore Department of Social Services, John L. Benton,

Director

Sheila Bradley v. Community College System Sandhills Community College

Brenda S. Sessoms v. Department of Public Safety

Donnette J Amaro v. Onslow County Department of Social Services

Ronald Gilliard v. N.C. Alcoholic Law Enforcement

Kimberly Hinton v. DOT

James B. Bushardt III v. DENR, Division of Water Quality

Natalie Wallace-Gomes v. Winston Salem State University

Katie F. Walker v. Rutherford County/Department of Social Services

Norlishia Y. Pridgeon v. Department of Public Safety, Division of Adult Correction and

Department of Corrections

Jaymar v. Department of Corrections, Central Prison

Ronald Wayne Crabtree Jr., v. Butner Public Safety



Michelle Houser v. Department of Public Safety, Division of Prisons

Audrey Melissa Tate v. Department of Public Safety, Division of Juvenile Justice

Jonathan Ashley Stephenson v. UNC-Chapel Hill

Charles E. Rouse v. DMV, Dist Sup Stacey Wooten

Edwards Robert Esslinger v. DPI

Barry L. Pruett v. DMV, Driver and Vehicle Services

Joseph Sandy v. UNC Chapel Hill


Paul Jeffrey Treadway v. Department of Public Safety, Division of Adult Supervision

Phillip W Smith v. Department of Commerce, Division of Employment Security

Asia T. Bush v. DOT

Bonnie S. Rardin v. Craven Correctional Institution, Department of Public Safety

Shirley M. Parker v. Department of Public Safety Caledonia Correctional Institution

Christopher Rashad Pippins v. PCS BOE PCS Facility Services

Wanda Edwards v. UNC School of Dentistry

Gary C. Clement v. DHHS

Oswald Woode v. DHHS, Central Regional Hospital

Gary C. Clement v. DHHS

Roseth Kyremartin v. DHHS

Daniel J. Dugan, Jr. v. UNCW

Judy Knox v. UNC at Charlotte

Sherry Young v. DHHS, Division of Child Development and Early Education

Anesa Trevon Lucas v. NC Division of Child Development and Early Education

David Ryan Brown v. Department of Public Safety, Division of Community Corrections

11 OSP 12479 04/27/12

11 OSP 12682 05/21/12

11 OSP 12683 05/18/12

11 OSP 13381 08/27/12 27:15 NCR 1579

11 OSP 14436 05/22/12

12 OSP 00116 08/21/12

12 OSP 00246 03/28/13 28:07 NCR 714

12 OSP 00430 12/20/12 27:22 NCR 2152

12 OSP 00460 04/10/13 28:06 NCR 564

12 OSP 00519 05/17/13 28:08 NCR 766

12 OSP 00615 11/27/12

12 OSP 00634 06/12/12

12 OSP 00841 10/09/12

12 OSP 01300 07/12/12

12 OSP 01536 08/10/12

12 OSP 01627 05/15/12

12 OSP 01740 06/12/12

12 OSP 01940 01/30/13 28:08 NCR 783

12 OSP 02027 07/17/12

12 OSP 02219 01/31/13

12 OSP 02222 09/26/12 27:16 NCR 1754

12 OSP 02320 02/18/13

12 OSP 02433 07/29/13

12 OSP 02473 06/06/12

12 OSP 02507 07/25/12

12 OSP 02578 11/21/12

12 OSP 02618 09/26/12

12 OSP 02848 10/05/12

12 OSP 02872 02/19/13

12 OSP 02950 08/01/12

12 OSP 03041 03/15/13 28:08 NCR 791

12 OSP 03150 08/02/13

12 OSP 03381 07/20/12

12 OSP 03846 10/09/12

12 OSP 03910 10/22/12

12 OSP 04107 10/22/12

12 OSP 04826 09/26/12

12 OSP 05182 08/03/12

12 OSP 05223 01/15/13

12 OSP 05315 09/05/12

12 OSP 05459 09/12/12

12 OSP 05785 09/11/12

12 OSP 06152 09/05/12

12 OSP 06309 10/22/12

12 OSP 06634 12/18/12

12 OSP 06821 09/20/12

12 OSP 06980 04/23/13 28:03 NCR 293

12 OSP 07443 04/19/13

12 OSP 07617 04/04/13

12 OSP 07744 10/18/12

12 OSP 07851 01/09/13

12 OSP 08105 11/14/12

12 OSP 08664 01/09/13

12 OSP 09581 01/04/13

12 OSP 10209 06/21/13 28:11 NCR 1278

12 OSP 10620 10/15/13

12 OSP 10856 07/11/13

12 OSP 11078 10/07/13

12 OSP 12082 11/04/13

12 OSP 12179 10/08/13


1225


David A. Tuno v. Lincoln Correctional Center

Jeffrey Wayne Ellis v. North Carolina A & T University

Kimberly D. Hinton v. Department of Transportation

Wiley Daniel Thomas v. Department of Transportation, Division of Motor Vehicles

Helen Karen Radford v. Buncombe County Department of Health

Alphonsus U. Nwadike v. DHHS, Central Regional Hospital (Butner)

Kevin D. Terry v. State of NC Office of State Controller

Lionel James Randolph v. NC Office of State Personnel

Cynthia C. Goodwin v. Department of Revenue

Robert E. Hines v. Department of Transportation

Natalie Wallace-Gomes v. Winston-Salem State University

Joann C. Pearson v. UNC-Charlotte

Rotisha Hawthorne v. Department of Safety (Polk)

Stephanie K. Willis v. Montgomery County Board of Education

David M. Andrews v. Department of Transportation, Technical Services-Client Support

Luchana A. Woodland v. Fayetteville State University

Mary E. Wilson v. Mecklenburg County, NC

DEPARTMENT OF REVENUE

Jerry Lamont Lindsey v. Department of Revenue

Thomas E Gust v. Department of Revenue

James Cooper III Sui Juris v. Department of Revenue

Brian Daniel Reeves v. Department of Revenue

David Roser v. Department of Revenue

Ronnie Lee Nixon v. Department of Revenue

James M. Slowin, REFS LLC v. Department of Revenue

William S. Hall v. Department of Revenue

Noah D. Sheffield v. Department of Revenue

Jenny M. Sheffield v. Department of Revenue

Jesus A. Cabrera v. Department of Revenue

Sybil Hyman Bunn v. Department of Revenue

William Scott v. Department of Revenue

Chase Auto Finance Corporation v. Department of Revenue

Joseph Lewis Moore v. Department of Revenue

OFFICE OF SECRETARY OF STATE

Michael Anthony Farrow-Bey v. Department of Secretary of State

Jennifer Lynn Pierce-Founder Share Our Shoes v. Secretary of State's Office

Bethany Thompson v. Department of the Secretary of State

Holley Shumate Knapp v. Ann Wall, General Counsel Department of the Secretary

Trvuun B. Alston v. Department of the Secretary of State

John Claude Barden v. Department of the Secretary of State

UNC HOSPITALS

Onyedika C Nwaebube v. UNC Hospitals

Nephatiya Wade v. UNC Hospitals Chapel Hill NC

Fredia R Wall v. UNC Physicians & Associates

Carolyn A. Green v. UNC Hospitals

Annie E. Jarrett v. UNC Hospitals

Vikki J Goings v. UNC Hospital

Elonnie Alston v. UNC Hospitals

Diara Z Andrews v. UNC Hospitals

David Ryan Pierce v. UNC Hospitals, Patient Account Services, SODCA

Shonte Hayes v. UNC P&A

Tracy A. Spaine (Currier) v. UNC Hospitals

Candis Miller v. UNC Hospitals

Chiduzie Oriaku v. UNC Hospitals

Julie C. Rose v. UNC Hospitals

Jason Paylor v. UNC Hospitals Patient Accounts

13 OSP 00031 09/10/13

13 OSP 09564 08/08/13

13 OSP 09565 09/06/13

13 OSP 10577 10/07/13

13 OSP 10629 09/27/13

13 OSP 10977 07/15/13

13 OSP 11088 07/15/13

13 OSP 11170 07/15/13

13 OSP 11232 08/02/13

12 OSP 11278 09/13/13

13 OSP 11293 08/13/13

13 OSP 11562 09/17/13

13 OSP 12639 09/05/13

13 OSP 13012 08/07/13

13 OSP 15144 10/03/13

13 OSP 15499 09/11/13

13 OSP 15512 10/03/13

11 REV 1914 07/25/12

11 REV 13557 08/15/12

11 REV 13792 11/14/12

12 REV 01539 06/04/12

12 REV 01694 09/10/12

12 REV 01881 10/03/12

12 REV 02218 02/11/13 28:06 NCR 583

12 REV 04115 08/27/12

12 REV 07074 11/14/12

12 REV 07075 11/14/12

12 REV 08968 01/03/13

12 REV 08973 05/06/13

13 REV 06646 04/29/13 28:06 NCR 593

13 REV 10115 06/19/13 28:10 NCR 1164

13 REV 17720 11/13/13

12 SOS 07865 12/14/12

12 SOS 01653 07/11/12

12 SOS 11648 05/02/13

13 SOS 09039 05/23/13

13 SOS 10113 07/08/13

13 SOS 12528 10/03/13

12 UNC 01110 06/25/12

12 UNC 01209 07/17/12

12 UNC 02256 10/04/12

12 UNC 02259 09/19/12

12 UNC 03716 10/09/12

12 UNC 04109 09/18/12

12 UNC 04551 09/11/12

12 UNC 04827 08/15/12

12 UNC 05306 03/20/13

12 UNC 05746 09/10/12

12 UNC 06822 11/06/12

13 UNC 10374 08/19/13

13 UNC 11434 10/07/13

13 UNC 12019 11/05/13

13 UNC 12636 07/26/13


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WILDLIFE RESOURCES COMMISSION

People for the Ethical Treatment of Animals, Inc., v. NC Wildlife Resources Commission 12 WRC 07077 11/13/12 27:22 NCR 2165


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NORTH CAROLINA REGISTER BoilerPlate

NORTH CAROLINA

REGISTER

December 2, 2013

Contact List for Rulemaking Questions or Concerns

For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive.

Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.

Rule Review and Legal Issues

Fiscal Notes & Economic Analysis and Governor's Review

Legislative Process Concerning Rule-making

FILING DEADLINES NOTICE OF TEXT PERMANENT RULE

TEMPORARY

RULES

(a) Any person who wishes to sell or issue checks in this

State pursuant to the Money Transmitters Act must first obtain a license issued by the Commissioner. An application for a license can be obtained from and shall be filed pursuant to Rule .0201(b) of this Subchapter.

(b) An application for a Money Transmitters' license shall include information required by G.S. 53-208.5 through G.S.

53-208.10 of Chapter 53, Article 16A. The application must be submitted on a form provided by the Commissioner.

(c) In addition to the documents and information listed in

Paragraph (b) of this Rule, the Commissioner may require additional information necessary to complete an investigation pursuant to G.S. 53-208.10.

(d) Incomplete application files shall be closed and deemed denied without prejudice when the applicant has not submitted information requested by the Commissioner within

30 days of such request.

Related documents

Products

Support

NORTH CAROLINA REGISTER BoilerPlate

NORTH CAROLINA

REGISTER

December 2, 2013

Contact List for Rulemaking Questions or Concerns

For questions or concerns regarding the Administrative Procedure Act or any of its components, consult with the agencies below. The bolded headings are typical issues which the given agency can address, but are not inclusive.

Rule Notices, Filings, Register, Deadlines, Copies of Proposed Rules, etc.

Rule Review and Legal Issues

Fiscal Notes & Economic Analysis and Governor's Review

Legislative Process Concerning Rule-making

FILING DEADLINES NOTICE OF TEXT PERMANENT RULE

TEMPORARY

RULES

(a) Any person who wishes to sell or issue checks in this

State pursuant to the Money Transmitters Act must first obtain a license issued by the Commissioner. An application for a license can be obtained from and shall be filed pursuant to Rule .0201(b) of this Subchapter.

(b) An application for a Money Transmitters' license shall include information required by G.S. 53-208.5 through G.S.

53-208.10 of Chapter 53, Article 16A. The application must be submitted on a form provided by the Commissioner.

(c) In addition to the documents and information listed in

Paragraph (b) of this Rule, the Commissioner may require additional information necessary to complete an investigation pursuant to G.S. 53-208.10.

(d) Incomplete application files shall be closed and deemed denied without prejudice when the applicant has not submitted information requested by the Commissioner within

30 days of such request.

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